HomeMy WebLinkAboutCity Council - 09/06/2005 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP
OPEN FORUM/OPEN PODIUM
TUESDAY, SEPTEMBER 6,2005 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson, Fire Chief George
Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert,
Community Development Director Janet Jeremiah, Communications Manager Pat Brink,
Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Heritage Room H
I. Community Development Strategic Planning Process
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 6,2005 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra-
Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public
Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Planner
Michael Franzen, City Attorney Amy Cralam and Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
II. ADOPT RESOLUTION APPROVING THE PROPOSED 2006 HRA PROPERTY
TAX LEVY AND ACCEPTING THE PROPOSED 2006 BUDGET
III. ADJOURNMENT
HOUSING AND REDEVELOPMENT AUTHORITY DATE:
AGENDA
September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: HRA II.
Office of the City Manager/ Resolution approving proposed 2006 HRA
Finance, Sue Kotchevar property tax levy and accepting the proposed 2006
budget
Requested Action
Move to:Adopt the resolution to:
• Approve the proposed 2006 net property tax levy to be $200,000; and
0 Accept the proposed 2006 budget of$200,000.
Background Information
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per
Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0144 percent
of taxable market value. The proceeds may be spent on planning and implementation of
redevelopment and/or low-rent housing assistance programs with the City. The limit for the
City of Eden Prairie is approximately$1.2 million.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY
H.R.A.RESOLUTION NO.2005-01
A RESOLUTION APPROVING THE HRA PROPOSED 2006 PROPERTY TAX LEVY
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has
reviewed the proposed 2006 budget and tax levy; and
WHEREAS, the Housing and Redevelopment Authority has decided to accept these
recommendations at this time.
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority:
l. Approves the following proposed taxes on real and personal property within the City
of Eden Prairie for the 2006 budget contingent upon City Council approval.
Levy on Tax Capacity $200,000
The proposed total Levy may not be exceeded when the City Council sets the final
tax levy for 2006.
2. Approves the 2006 proposed budget totaling $200,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on September 6, 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 6,2005 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal,Parks & Recreation Director Bob Lambert,Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Amy Cralam and Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATION DESIGNATING OCTOBER 15 AS BIRCH ISLAND WOODS
BUCKTHORN BUSTING DAY
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16,2005
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16 2005
VII. PUBLIC HEARING FOR CABLE TV FRANCHISE TRANSFER FROM TIME
WARNER TO COMCAST (continued)(Resolution)
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF PATTERSON
ADDITION
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF EAGLE CREST
AT HENNEPIN VILLAGE
D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR LOTS 1,2 AND 3,BLOCK 1,BRYANT LAKE
HEIGHTS, SSA 99-06
CITY COUNCIL AGENDA
September 6, 2005
Page 2
E. AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR GRADING
AND RETAINING WALL IMPROVEMENTS AT 7034 WILLOW CREEK
ROAD
F. APPROVE CHANGE ORDER NO. 1 FOR FIRE STATION NO. 4
UTILITY EXTENSION PROJECT,I.C. 05-5654
G. APPROVE PLANS AND SPECIFICATIONS FOR SAND/SALT STORAGE
FACILITY AND AUTHORIZE BIDS TO BE RECEIVED ON
SEPTEMBER 29,2005
H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO LUNDS FOOD
HOLDINGS INC. FOR GRADING AND PARKING LOT IMPROVEMENTS
AT 7752 MITCHELL ROAD
I. APPROVE CONTRACT WITH LHB INC. TO PERFORM INSPECTIONS
AND INVESTIGATIONS OF A PROPERTY AT 6509 FLYING CLOUD
DRIVE TO DETERMINE ELIGIBILITY FOR A TAX INCREMENT
DEVELOPMENT REDEVELOPMENT DISTRICT
J. APPROVE CONTRACT WITH SPRINGSTED INC.TO CONDUCT A
COMPLETE TAX INCREMENT FINANCING ANALYSIS AND PLAN
FOR A PROPERTY LOCATED AT 6509 FLYING CLOUD DRIVE
K. APPROVE CITY MANAGER'S PAY INCREASE
L. APPROVE CONTRACT WITH MARKETLINE RESEARCH TO
CONDUCT A SURVEY OF EDEN PRAIRIE BUSINESS COMMUNITY
M. APPROVE INITIATION OF PROCESS TO REVISE WETLAND PERMIT
APPLICATION FOR MITIGATION OF WETLANDS AT CRESTWOOD
PARK
N. APPROVE GUIDELINES REGARDING RESPONSIBILITY FOR
FALLEN TREES
O. APPROVE LETTER OF SUPPORT FOR HSSC SUBMITTAL FOR
REGIONAL PLANNING GRANT FROM HENNEPIN COUNTY
P. AWARD BID FOR ROUND LAKE PARK TRAIL CONSTRUCTION TO
MIDWEST ASPHALT
Q. AWARD CONTRACT FOR INFRARED CONSULTING SERVICES TO
PERFORM ROOF MOISTURE SURVEYS AND MECHANICAL
SURVEYS FOR CITY-OWNED BUILDINGS
R. AWARD CONTRACT TO DECORATIVE DESIGNS,INC.,FOR
INTERIOR PLANT MAINTENANCE AT CITY HALL
CITY COUNCIL AGENDA
September 6, 2005
Page 3
IX. PUBLIC HEARINGS/MEETINGS
A. CODE CHANGES by City of Eden Prairie. First reading of an Ordinance
amending city code Chapters 2 and 11 regarding the Board of Adjustments and
Appeals, non-conforming uses and signs.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION AFFIRMING CITY COUNCIL SUPPORT FOR A
STATEWIDE SMOKING BAN
B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTERS 2 AND 11,REGARDING THE BOARD OF ADJUSTMENTS
AND APPEALS,NON-CONFORMING USES AND SIGNS AND ADOPT
RESOLUTION APPROVING SUMMARY ORDINANCE
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Proposed Conservation Commission—Mayor Tyra-Lukens
B. REPORT OF CITY MANAGER
1. Delegates for NLC 2005 Congress of Cities
2. Proposed 2006 Property Tax Levy,Proposed 2006 Budget,Dates for
Truth-in-Taxation Hearing(s) and Proposed HRA Tax Levy
(Resolution)
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. MCA Studv Update
2. Amended Development Agreement for Eagle Ridge at Hennepin
Village 6 th Addition,and Affordable Housing Regulatory Agreement
between Ryland Group and City of Eden Prairie
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Purgatory Creek Recreation Area Access and Intersection
Improvements
CITY COUNCIL AGENDA
September 6, 2005
Page 4
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
A. CLOSED SESSION
XVII. ADJOURNMENT
CITY COUNCIL AGENDA DATE:
SECTION: Proclamation September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.
Robert A. Lambert, Director Proclamation declaring October 15, 2005 as
Parks and Recreation Birch Island Woods Buckthorn Busting Day
Requested Action
Move to: Proclaim October 15, 2005 as Birch Island Woods Buckthorn Busting Day.
Synopsis
Jeff Strate has submitted a letter requesting the City Council proclaim October 15 as Birch Island
Woods Buckthorn Busting Day. The attached letter and outline describes the event that will be
held at Birch Island Woods as well as information regarding the purpose of the proclamation and
the co-sponsors of the event.
The Parks, Recreation and Natural Resources Commission support this request.
Attachment
Letter from Jeff Strate
Proclamation
Friends of Birch Island Woods
A Champion of Open Space
McKnight Foundation-Embrace Open Space Campaign
15021 Stnnmeddl Drive
Eden Prairie,MN 55346
952-949-8M
www.BirchistandWoods.org
August 23,2005
Re: Request for support for City Council Resolution j
EP Parks,"Recreation and Natural Resources Commission
City of Eden Prairie,
8080 Mitchell Road
Eden Prairie,Minnesota 553464
Re:Request for endorsement of Friends of Birch Island Woods
Dear Chair and Commissioners
Friends of Birch Island Woods requests that the City of Eden Prairie proclaims
Saturday October 15,2005 as Birch Island Woods Buckthorn Busting Day.
We request that the commssion recommend to Mayor Nancy Tyra.-Lumens
and the City Council that the City Council pass a resolution officially co-
sigfred by the Parks,Recreation and Natural Resources Commission which
would put into effect this request.
We request that-the drafting of the proposed resolution be accomplished by a
committee of two including a City official and a representative from the
Friends of Birch Island Woods.
The attachment includes background information.
Most sincerely,
Jeff Strate
Board of Directors,Friends of Birch island Woods,Inc.
Jeffrey T. Strate,Robert Lee Ellingson,Vicky I N iller,
Roger B.Person,iheral M.Tsuchiya,Geri Napuck,Leslie Cameron,
�iasLuis Jvzsa5s�it
Friends of Birch Island Woods Request
Attachment, page e 2 of 3
PURPOSE OF THE RESOLUTION
To help Friends of Birch Island Woods and its partners for the Birch Island
Woods Buckthorn Pull on October 15th
(1) to increase public awareness of the harm that buckthorn is doing to
Eden Prairie's public and private woodlands and
(2) to Increase public appreciation of some of the remedies that can be
used to contain and reduce buckthorn infestations.
(3) to encourage the residents of Eden Prairie and neighboring cities to
participate in the October 15th event.
CO-SPONSORS OF THE OCTOBER 15TH EVENT
Friends of Birch Island Woods and the Sierra Club, North Star Chapter are
the organizing co-sponsors_ Other community service organizations,
scout and church groups will be joining the event during the weeks to
come. The event will be promoted primarily by Friends of Birch Island
Woods and it's co-sponsors.
CITY OF EP PARTICIPATION IN THE EVENT
Other than the requested proclamation, it is anticipated that the City's
involvement will be limited to pre-selecting the areas of the woods for the
pull and managing the removal of the dead plants. If a proclamation is
made, FBIW will request the City Communications office to post the event
on appropriate website calendars or presentations or on the City
monuments with electronic trailer bulletin signs in Purgatory Creek
Recreation Area and City Hall. FBIW can also supply the City
communications office with a pre-produced 2-minute long promotional
video about the event for use at its discretion on Channel 16.
Friends of Birch Island Woods Request
Attachment, page 3 of 3
HISTORY OF BUCKTHORN PROGRAMS IN BIRCH ISLAND WOODS
CONSERVATION AREA
Each year since January 2003, Friends of Birch Island Woods has run 3
buckthorn seminars at Eden Wood Lodge in Birch Island Park and the
woods. These workshops have been co-led by native plant and invasive
experts including Jeff Cordes (the City's Forestry Technician but acting
here in a voluntary capacity), Janet Larson (a noted lecturer and writer on
the subject), Sandy McCartney (holds an MA in Forestry from the
University of Minnesota) and sometimes a Master Gardener volunteer
from the U of M's Extension Service.
FBIW has also coordinated a variable number of buckthorn pulls with the
City and Friendship Ventures (Eden Wood)for other volunteer groups
including boy scouts, school groups and local companies. Since April
2003, approximately 3 acres of the conservation area have been cleared
of buckthorn. Targeted areas are pre-determined by City staff. Removal
of dead buckthorn is managed during the winter by the city with the State
of Minnesota Insitutional Community Work Crews. When possible, piles of
buckthorn are burned on site.
FBIW promotes buckthorn and invasive species information on its website
and places press releases and submits stories about buckthorn and
another invasive species, garlic mustard, in local newspapers.
FBIW also promotes buckthorn awareness at the following events:
a) the Plant Sale at the Picha Heritage Farm, (2) 4th of July Celebration
at Round Lake, (c) Lions Club Corn Feed at Round Lake, (d) Chamber of
Commerce Home and Garden Show at the High School (e) Sunbonnet
Day at Riley Lake Park (coming up).
FBIW also coordinates a weed wrench loan program for Eden Prairie and
Minnetonka residents. The wrenches are made available by alumni and
instructors of its buckthorn seminars and workshops. Since June 9,
2005, home owners have borrowed the wrenches.
WANT TO KNOW MORE?
i
For more on buckthorn please visit the buckthorn/garlic mustard section
on the BIW website at http://www.BirchIslandWoods.org/
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, to increase public awareness of the harm that buckthorn is doing
in Eden Prairie's public and private woodlands; and
WHEREAS, to increase public appreciation of some of the remedies that can
be used to contain and reduce buckthorn infestations; and
WHEREAS, to encourage the residents of Eden Prairie and neighboring cities
to participate in the Buckthorn Busting Day events.
NOW, THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden
Prairie, Minnesota, do hereby proclaim
OCTOBER 15, 2005
to be
BIRCH ISLAND WOODS BUCKTHORN BUSTING DAY
in the City of Eden Prairie, Minnesota.
ADOPTED by the Eden Prairie City Council on this 6th day of September 2005.
Nancy Tyra-Lukens, Mayor
I
ITEM NO.: VI.A.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP
OPEN FORUM/OPEN PODIUM
TUESDAY,AUGUST 16,2005 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George
Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert,
Community Development Director Janet Jeremiah, Finance Manager Sue Kotchevar,
Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. 2006-2007 Budget and CIP
Budget
City Manager Scott Neal said the objectives for the workshop were to:
• Seek Council input on the proposed budget
• Review the proposed 2006-2010 CIP
• Discuss the proposed fund balance policy
Neal said the 2006 General Fund budget proposal has been refined since the August 2
Workshop, and it now totals$31.5 million. This represents a 4.9 percent increase over
the 2005 budget. The 2007 proposed budget totals $32.8 million,which is 4 percent
more than the 2006 budget.
Neal proposed the following expense reductions to close the$2.5 million gap in the draft
budget:
• Reduction in requested service level increases and expansions for Facilities
• Reductions in the City's grant program for social service agencies
• Conversion of the proposed new Community Development FTE to a part-time
position
• Elimination of the proposed two new FTEs (one in Police and one in Street
Maintenance)
City Council Workshop
August 16,2005—page 2
Increases in revenue under the proposal would include:
• Increase in the General Fund levy
• Creation of a new Street Lighting Utility
• Creation of a new HRA levy
• Implementation of a Rental Housing License Fee
Councilmember Case asked if the funds cut from the social service grant programs will
be picked up by other agencies. Neal said he does not know of other organizations that
would make up the difference. Councilmember Butcher asked if there is any way to
shuffle things to keep the Community Development human services position at full-time.
Neal said that is a possible, but there is a philosophical question of whether or not the
City is funding our operations or other's operations through these grants. It is his
preference to reduce grant funding;however, staff will take another look at it if Council
wishes. One possibility would be to increase the levy slightly, probably about.1,percent
to fund the position.
The proposed decrease in social service grant funding is from $189,000 in 2005 to
$163,000 in 2006. Case pointed out that the proposal also calls for funds to be ramped
down more in future years.
Changes in Funding the Budtet
Neal said there are some fundamental changes proposed in the way the budget is funded,
including creation of a street light utility. He said communities handle this fee in a
number of ways. In some cases, the fee is based on acreage. It can also be implemented
through a franchise fee. Councilmember Aho asked if the goal is to break even on costs.
Neal said that is the goal. Councilmember Case asked how many other communities
have street light utilities. His concern is that since it is a fee, it is not deductible. He said
he thought the City was saving this type of revenue to a"rainy day,"and he does not feel
we are there yet. He said a street light utility is reminiscent of Governor Pawlenty's
"fees," although it is a direct charge for a use. Sue Kotchevar said a number of suburban
communities, including Maple Grove, Savage, and Woodbury, have street light utilities.
Neal said if Council feels the street light utility is a bad idea, they can choose to increase
the levy or direct staff to cut an additional $750,000 from the budget.
The HRA levy is a new levy outside the general fund levy. Minnesota statutes allow a
city to levy up to .0144 percent of taxable market value for economic development
activities. The proposed HRA levy is $200,000 per year for 2006 and 2007. Neal said he
believes this would be a good funding mechanism for MCA improvements.
Staff is also recommending a rental housing license fee of$11 per unit. A rental housing
inspector would be hired to administer the program,which is designed to address the
Ci 's aging rental stock. Fire Chief Esbensen said the infrastructure of some of these
buildings is deteriorating, but the City currently has no way of identifying problems in a
timely manner.
City Council Workshop
August 16, 2005—page 3
CIP
The proposed 2006-2010 CIP totals slightly over$120 million. This CIP includes $60
million in transportation projects that were not reflected in previous CIPs. It also
includes projects identified from the facilities assessments conducted in2005.
Young asked about the wayfinding improvements listed in the CIP. Community
Development Director Janet Jeremiah said the proposed funds would be used for
streetscaping and wayfinding systems in the Major Center Area, particularly on the
Prairie CenterNalley View Ring Road,which is a little more than four miles long.
Jeremiah said other cities are experiencing costs of$2.1 million per road mile for these
types of improvements.
Fund Balance Policy
Neal said Councilmember Young asked staff to review the unreserved fund balance
policy in December 2004. The proposed policy provides for tighter controls and more
Council input.
Aho said he thinks it is a good idea to have a policy. He said keeping the unreserved
fund balance at 15 percent is okay, but he would be more comfortable if it were 10
percent. He said his research indicates 10 percent is more than adequate. He said
information he reviewed from Moody's and the GFOA indicates a reserve of 5 percent is
adequate, and 15 percent is considered on the high end. Aho would like to include a
statement of what circumstances trigger spending out of the account and who makes the
decision. He would also like to have a procedure for bringing expenditures before
Council. Neal said it would not be a problem to add that language to the policy.
Butcher said she has a different perspective on the unreserved fund balance level. She
said she can think of many threats under which the City might need that money. Butcher
cited a GFOA document which suggests minimally maintaining a balance of between 8
and 17 percent. She said she would be comfortable with a 17 percent fund balance. She
agreed it is a good idea to have guidelines for using the funds, although she thinks it
would be unwise to make them too restrictive. Butcher said she has seen three bond
rating changes since she has served on Council, and she believes our fund balance is part
of the reason the City has such a good rating.
Case agreed it is a good idea to have guidelines for use of the funds; however, he thinks
the correct level of the fund is subjective. Different experts have different theories on the
topic. He said modeling from the State and Federal government has shown spending
down fund levels can be risky. Case prefers to be ready for an unforeseen circumstance.
He said the City has been fiscally conservative in saving this money in order to not be
caught off guard. He feels 15 percent is an adequate fund balance.
City Council Workshop
August 16, 2005—page 4
Aho cited a 1990 GFOA research bulletin that said fund balances in excess of 10 percent
should be carefully examined. Case noted that document was published pre-9/11, and
that views may have changed since then.
Young said he wanted to make it clear most of the concerns he raised about the fund
balance last year have been addressed in the proposed policy. As for the appropriate
level for the fund balance,he said, "Reasonable minds can disagree." He would prefer to
see a lower level 1)because the need to dip into the cash reserve has been rare, and 2)the
City's working capital account is stronger than in the past. Young said his general
preference is for government to hold on to less cash rather than more.
Tyra-Lukens said all of the opinions expressed are valid. She suggested approving the
staff-recommended 15 percent balance for 2006, and revisiting the issue in the future.
Neal said the fund is currently at 17 percent. If Council approves the 15 percent level,
Neal recommended transferring the additional two percent(about$1 million) into the
CIP. Young recommended leaving it up to Council to decide where excess funds are
directed, instead of automatically transferring them to the CIP. Neal noted that the City's
auditors recommend that a list of all transfers be approved by Council annually, and this
was done last year. Staff would continue this practice, including transfer of excess
reserve fund balance money.
Direction from Council
Neal said staff is not seeking a yes or no on the budget from Council tonight; however, if
they are uncomfortable with elements of the proposed budget, such as the new HRA levy
or street light utility, staff needs to know this prior to September 6,when Council must
approve the maximum levy.
Tyra-Lukens asked if there is a typical HRA levy for a suburb. Kotchevar said there is a
wide variety, from $200,000 to$600,000. Aho asked what advantage there is to
separating the HRA levy from the general fund. Neal said this provides a dedicated
source of funding for economic development activities,particularly MCA improvements,
that does not have to compete with other priorities in the general fund. Neal said the
philosophy behind the street light utility is that it is a direct charge for a direct cost, and it
is a minimal cost for the average citizen. Jeremiah noted that in the past some cities
instituted HRA levies because they were outside the levy limits. Kotchevar said the
proposed HRA levy would amount to about$8 per year for the median value home.
Tyra-Lukens asked the Councilmembers if anyone had concerns with the street light
utility or HRA levy. No one voiced any concerns.
Butcher said she is anxious about the prospect of reducing social services funding.
Butcher reiterated that she would like to see the Community Development position
remain full-time. Young asked about the impetus for the recommended cuts. Neal said
the cuts were his idea. He noted the Community Development position is currently
classified as temporary full-time, and it was originally funded through grant seed money.
City Council Workshop
August 16, 2005—page 5
Neal said when he did not see funding outside the general fund for a full-time position, he
proposed it be reduced to half-time.
Case said the proposed social service funding cuts feel too new to him to say what he
wants to do yet. He is not prepared to say social services do not fall within the purview
of the City. He is uncomfortable with the idea of City not funding these types of
programs. He said we need to think about the history of the City's involvement with the
programs and look at what other communities are doing. We also need to determine if
there are needs the County is not meeting. He said it goes back to the question of the role
of government. Tyra-Lukens said she understands the City has traditionally regarded
social services as the responsibility of the County, but we have also seen that the County
does not fully understand the needs of our community. Tyra-Lukens would like to see
the City support programs that directly serve our portion of the county. Aho asked if
there are private groups that might take over some of these roles.
' Butcher said as the Council's representative to the Hennepin South Services
Collaborative,which is in the process of dissolving, she feels the County does not
adequate provide services to our community. She said that by maintaining existing social
services,the community is saving money by acting preventatively.
Neal said staff will take all of these comments into consideration when preparing the final
budget proposal.
Council Chamber
II. OPEN FORUM
A. L.G. Everist Aggregate Transfer Station
Mr. David Spoor spoke on behalf of Aggregate Action and himself regarding
concerns with the L.G.Everist transfer station proposal, specifically the request
for a variance. Ms. Jan Anderson, a 34-year resident of Eden Prairie, also
addressed Council on the transfer station proposal.
Mr.Eric Sandvick, a lifetime resident of Eden Prairie,told Council he disagreed
with the City Attorney's opinion that the operation is not a non-conforming use.
He asked Councilmembers to put themselves into residents' shoes and ask
themselves whether or not the bad outweighs the good.
B. City Communications with Residents
Mr. Duane Wharton said he serves as liaison for members of the neighborhood
who are interested in seeing changes made to City communications with residents.
He asked Council to consider changing guidelines for notification of proposed
developments.
C. Recycling
City Council Workshop
August 16, 2005—page 6
Mr. Eric Solberg, a 2003 graduate of Eden Prairie High School and a seasonal
Parks Maintenance worker, spoke to Council about starting a recycling program
in City parks.
III. OPEN PODIUM
IV. ADJOURNMENT
ITEM NO.: VI. B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,AUGUST 16,2005 7:00 P.M.,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY COUNCIL STAFF: City Manager Scott Neal, Parks&Recreation Director Bob
Lambert, Public Works Director Eugene Dietz, City Planner Mike Franzen, Community
Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Carol
Pelzel
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m.All members were present.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. RECOGNITION OF IVAN ROSARIO AND DAN JARED
George Esbensen,Fire Chief, introduced residents Ivan Rosario and Dan Jared and
explained that they are being recognized as Eden Prairie outstanding residents for an
incident that occurred on August 3.As a result of a thunderstorm,two Eden Prairie
homes were set on fire and Mr. Rosario and Mr. Jared went to the homes and alerted the
occupants of the fire.Mayor Tyra-Lukens presented a plaque to the gentlemen for their
heroic efforts. On behalf of the City Council and the entire City, Mayor Tyra-Lukens
expressed her appreciation for their getting involved.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal explained that a revised Annotated Agenda had been distributed. Items I and J,
approval of Edenbrook Conservation and Riley Creek Conservation Area Trail Plans,
under the Consent Calendar have been moved to Report of Parks and Recreation
Director.Neal said he also has a couple information items to be included under the
Report of City Manager. Case asked that the Council be provided with an update on the
Scenic Heights/212 realignment on Dell Road. Tyra-Lukens said she would like to add an
item under Reports of Councilmembers regarding management of waste.
Motion: Aho moved, seconded by Case,to approve the agenda as published and
amended. Motion carried 5-0.
CITY COUNCIL MINUTES
August 16, 2005
Page 2
VI. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 26,2005
MOTION: Butcher moved, seconded by Young,to approve as published,the
minutes of the City Council Workshop held July 26, 2005. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 2,2005
MOTION:Young moved, seconded by Case,to approve as published,the
minutes of the City Council meeting held August 2, 2005. Motion carried 5-0.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. DUCK LAKE KNOLL by Epic Development, LLC Second Reading of the
Ordinance for Zoning District Amendment within the R1-13.5 Zoning District.
(Ordinance No. 14-2005 for Zoning District Amendment)
C. MCCALL BLUFF by McCall Construction Company. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers and
Zoning District Amendment in the Rural Zoning District(Ordinance No.
16-2005 PUD-10-2005 for PUD District Review and Zoning District
Amendment)
D. ADOPT RESOLUTION NO. 2005-102 APPROVING FINAL PLAT OF
MCCALL BLUFF
E. AWARD CONTRACT FOR BUILDING ENVELOPE REPAIRS TO 17
CITY-OWNED BUILDINGS
F. REJECT BIDS FOR REBUILDING PARKING LOTS AT CITY HALL
AND FIRE STATION#2
G. REALLOCATE 2005 FACILITIES CIP BUDGET
H. AUTHORIZE SUBMISSION OF A PERMIT APPILCATION FOR THE
2005-2006 WINTER SEASON FOR USE OF THE LRT TRAIL
I. ADOPT RESOLUTION NO.2005-103 DECLARING THE CITY'S
OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR
EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY
ISSUED SERIES OF BONDS
J. ADOPT FUND BALANCE POLICY
CITY COUNCIL MINUTES
August 16, 2005
Page 3
K. APPROVE AMENDMENT TO LEASE AGREEMENT WITH
FRIENDSHIP VENTURES
L. APPROVE AMENDMENT TO PETITIONS OF THE RILEY-
PURGATORY-BLUFF CREEK WATRSHED DISTICT
Young asked that Items C, D and J be held from the motion of approval for
further discussion.
MOTION: Butcher moved, seconded by Case,to approve Items A,B, E-I,K and
L of the Consent Calendar.Motion carried,5-0.
With regards to Items C and D, Young said he would be abstaining from both
issues.
MOTION: Case moved, seconded by Aho,to approve Items B and C of the
Consent Calendar.Motion carried,4-0-1 with Young abstaining.
Regarding the approval of the Fund Balance Policy, Young said he feels this
policy addresses concerns he had raised last year. He will support this policy but
believes the City could reduce their Budget Stabilization Fund from 15 percent to
10 percent.In supporting this policy, he hopes this is something the Council will
look at in the future. Young questioned if any excess in the Budget would go to
the CIP automatically or if it would be at the discretion of the City Council.
Butcher pointed out that the current policy requires Council approval when
money is transferred from one fund to another fund.
MOTION: Young moved, seconded by Case, to adopt the Fund Balance Policy
with the understanding that the City Council will periodically review the Policy
and that the Council would annually take a look at any excess of Budget
Stabilization Funds and appropriate those funds as necessary.Motion carried,
5-0.
VHI. PUBLIC HEARINGS/MEETINGS
IX. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Case,to approve the Payment of Claims. The
motion was approved on a roll call vote,with Aho,Butcher, Case,Young and Tyra-
Lukens voting"aye".
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS.REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL MINUTES
August 16, 2005
Page 4
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. REALIGNMENT OF SCENIC HEIGHTS AND 212
Public Works Director Eugene Dietz provided the Council with an update
on the realignment of Scenic Heights and 212. He explained that Staff will
be meeting with MNDOT on Wednesday, August 17, and at that time they
would be provided with the details on what is planned for this area.
MNDOT has met independently with the neighborhoods and have shown
them a proposed plan. Dietz said they are not certain about the redesign
and what the City has seen was not constructible because of wetland
impacts and the significant amount of costs due to poor soils, etc. He
explained that they need one course of action and Staff will work with
MNDOT to develop a constructible plan and once that is accomplished,
they will work to get the consensus of the neighborhood.
2. TRASH HAULING
Mayor Tyra-Lukens said she had received a call from a resident asking if
the City has ever considered looking into the issue of how trash hauling
for residents is handled in the City. Dietz explained that currently the City
has a free open system for trash haulers and the City does not contract
with any one hauler. However,there are two major haulers in the City.
There are other haulers in the community but they tend to service office-
industrial and multiple-family homes.
Mayor Tyra-Lukens indicated that the resident asked if homeowners could
get a better rate if the City contracted with a trash hauler for the
community. This would also eliminate the issue of having multiple trucks
on the road and going through neighborhoods. With two major haulers,
there is the potential for five or six trucks going through a neighborhood
any one day.Mayor Tyra-Lukens said it would be nice to have a report
from Staff on what other cities have negotiated for trash hauling rates for
their residents.
B. REPORT OF CITY MANAGER
Neal distributed to the Council the September City newsletter.He also distributed
the proposed referendum piece that will be mailed to citizens explaining the Parks
and Recreation referendum.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL MINUTES
August 16, 2005
Page 5
1. L. G. Everist Transfer Facility,by L. G. Everest. Second reading of the
Ordinance for Planned Unit Development District Review with waivers
and Zoning District Amendment in the I-General Zoning District.
(Ordinance No. 12-2005-PUD-8-2005 for PUD District Review and
Zoning District Amendment)
City Attorney Rosow explained that the City has reached the 120-day rule
on this item. If action is not taken this evening, the item will be deemed
approved.
Mayor Tyra-Lukens pointed out that there have been a number of issues
presented to the Council at this evening's Open Forum.It was suggested
that the distance for notification of residents be extended. When
something is taking place in the I-General Zone the area of notification
should be extended to within 2,000 feet of the property.Also, if there is a
request for a change in that Zone a town meeting for the residents in the
area should be held. It was also recommended that there be continuing
dialogue between the citizens and the businesses in that area including
Midwest Asphalt, L.G. Everist and the City.Mayor Tyra-Lukens said she
was surprised to hear that there are some concerns with Midwest Asphalt
regarding noise. She thought these issues had been taken care of
previously and didn't realize there were still some issues out there
regarding this business. This would be an example of where it would be
helpful to have continuing dialogue so that the City can monitor this
business since it is a non-conforming use. Mayor Tyra-Lukens asked the
City Attorney to address the issue of whether or not the use of the L.G.
Everest property for storage falls within the City Code guidelines or if this
is an expansion of a non-conforming use.
City Attorney Rosow explained that during the Open Forum, a resident
had identified sections of the City Code that weighed on this issue. There
is a section of the Code that specifically addresses industrial zones and
permitted uses and outside storage was not mentioned as a permitted use.
Rosow stated that Section 11.03 of the City Code applies to all districts
specifically in I-General Districts. Outside storage is permitted as long as
the roe is screened. When looking at the Code you must take into
property nY g �
consideration the entire Section as a whole and interpret it from there.
Rosow said in his opinion, outside storage in this District is a permitted
use and not a non-conforming use.
Rosow reported that a letter had been received from an attorney referring
to increased traffic for Aggregate Action. Rosow said he was not clear if
the letter was referring to the L.G. Everist site or the Midwest Asphalt site.
The concept of increased traffic does not constitute criteria for
determining a non-conforming use. There is no regulation in the Zoning
Code that regulates how many trucks can come in or out of the site in an
I-General District.
CITY COUNCIL MINUTES
August 16, 2005
Page 6
Rosow explained that the L. G. Eveist property is non-conforming but the
lots were established, platted and approved by the City prior to the
adoption of the zoning ordinance. These lots were legal sized lots when
they were established under Ordinance 8 and it is a legal non-conforming
use and may be continued as such. The City cannot deny a legal non-
conforming use that is reasonable use of the property. If the plat is
approved,two lots will be made into one non-conforming lot but it will be
a legal non-conforming lot. Rosow said it is his opinion that this is a legal
non-conforming use and that the City Code has to be read as a whole and
outside storage specifically is permitted.
Case said that in discussions with the neighbors near the L.G.Everist
property, some concerns were brought forward and he would like to have
the testimony from those neighbors included in the public record.He
would also like the a-mails and written statements that were sent to the
Council included with the public record.Rosow responded that the
concerns noted would become a part of the official record of the City.
Case indicated that it appeared that the neighborhood group was
seemingly successful in discussions with Midwest Asphalt and the City
should also have discussions with them so that the recommended changes
to their operation remains in tact even if management changes. Rosow
explained that Midwest Asphalt's permit comes up for review
approximately every two years and that would be a good time to take
those verbal commitments and see if Midwest Asphalt is willing to
incorporate them into their permit approval.
Case asked where the City was with respect to the development of this
I-General District. City Planner Mike Franzen responded that this site
involves approximately 30 acres.He presented a brief history of the I-
General District and said that the City probably doesn't want to lock itself
into any particular kind of development at this time. They may want to do
some studies and look at what that area should be used for. It could be any
number of things that would provide a better relationship to the
neighborhood.
Neal explained that the City is about ready to begin a major updating
process of the Comprehensive Plan and they will be looking at long-term
changes at that time.Mayor Tyra-Lukens asked if citizens would have any
input to this Plan.Neal said they have not yet developed the process but
the standard operating procedure for the Comprehensive Plan update
would call for public input.
Aho expressed his appreciation to the neighbors for their input regarding
this project and for the respectful way in which they presented themselves.
He felt they presented a positive force for this project and for other
projects.
CITY COUNCIL MINUTES
August 16, 2005
Page 7
MOTION: Motion was made by Butcher, seconded by Aho, to approve
the 2nd reading of the Ordinance for Planned Unit Development District
Review with waivers, and Zoning District Amendment in the I-Gen
Zoning District on 2.74 acres; and to approve the Development Agreement
for L. G.Everist Aggregate Transfer. Motion carried,5-0.
Aho said he agrees with Case and asked Staff to incorporate as much
testimony as they can into the regulations regarding this project and the
development hours restriction and anything else they can do legally to
help the citizens in this area
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Edenbrook Conservation Area Trail Plan
Jeff Schoenbauer of Brauer and Associates, consultants for the project,
summarized the planning process for this trail plan as well as the end
result of the plan. He presented a brief overview of the area trail plan and
explained that one of the first things they did in developing this plan was
to establish a neighborhood task force. Once this task force was
established, field reviews were done and concepts were created for task
force review. A series of open houses were held to review the plans and
security and safety issues were addressed at those meetings. Schoenbauer
stated that once the open houses were held,the task force met to consider
the input from the individuals and residents. They are now in the formal
approval process. This plan has been before the Parks and Recreation
Commission and the Watershed District. Schoenbauer introduced
members of the Task Force that were in the audience and walked the
Council through the results of the planning process. He explained that the
overall cost estimates for the entire development, including contingencies,
is estimated to be$429,000.
An unidentified member of the audience explained that he was a member
of the Edenbrook Conservation Area Trail Plan Task Force and they did
stress as part of the consensus that the path through the church property be
viewed as future development. They did not want to encourage people to
cross private property.
Frank Sherwood, a member of the Task Force, said he felt City Staff did
an excellent job in reviewing the issues and listening to the citizen's
concerns and helping to develop a plan that will serve the community.
Schoenbauer said he felt the process was very successful and is very
comfortable with their recommendation.
CITY COUNCIL MINUTES
August 16, 2005
Page 8
MOTION: Motion was made by Aho, seconded by Young,to approve the
Edenbrook Conservation Area Trail Plan as per the recommendation of the
Edenbrook Conservation Area Trail Planning Committee and the
consultant. The motion carried,5-0.
2. Riley Creek Conservation Area Trail Plan
Jeff Schoenbauer,, of Brauer and Associates, consultants for the project,
reviewed the plan with the Council explaining that the process was the
same as that used for the Edenbrook Trail Plan. They did receive good
citizen responses and they were satisfied with the plan.
MOTION: Motion was made by Case, seconded by Butcher,to approve
the Riley Creek Conservation Area Trail Plan as per the recommendation
of the Riley Creek Conservation Area Trail Planning Committee and the
consultant. The motion carried,5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Petition Nine Mile Creek Watershed District for FundinE of Water
Ouality Improvement Proiects for Anderson,Bryant,Birch Island
and Smetana Lakes (Resolution No.2005-104)
Public Works Director Eugene Dietz explained that the Nine-Mile Creek
Watershed District recently completed four Use Attainability Analyses
(UAAs)and Staff is now asking the Council to approve a petition to the
District that would make water quality improvements to Anderson,
Bryant, Birch Island and Smetana Lakes. Dietz said the issue he would
like to bring before the Council is that the Three-Rivers Watershed
District would like to manage Anderson Lakes as a wildlife sanctuary.
This would require shallower waters. Dietz explained that the best way to
eliminate some of the weeds that have infested this area is to drain the lake
for a one to two year period.After that period of time,the lake would be
brought back to an elevation 1.5 feet shallower than what it is today.Dietz
pointed out that there are no residential properties in Eden Prairie
immediately adjacent to the lake.
Dietz explained that the UAA is in draft form. Once the feasibility studies
are completed, a public hearing process will be held and the property
owners would have an opportunity to address the issues of draining the
lake for a period of time. There will also be some installation of ponds to
improve water quality.
With regards to Bryant Lake, Dietz said there is a plan to restore County
Ditch 34 that runs through the Cardinal Creek Area. In addition to the
UAA completed for Birch Island Lake, there was also a water level
investigation report completed. One of the things that needs to be done is
CITY COUNCIL MINUTES
August 16, 2005
Page 9
to implement a plan to restore the water levels of Birch Island Lake. Dietz
stated that there are no planned improvements to Smetana Lake.
Aho said he noticed there appeared to be some dissent in terms of
treatment options for Bryant Lake. Dietz said that a consensus needs to be
reached between the City,Three Rivers Park District and the Watershed
District. He indicated that the proposal before the Council this evening has
been modified to be consistent with an agreed upon approach by all three
agencies. Aho said that as a result of the study of the Round Lake area
they might be able to apply some of the same concepts to other waterways
as appropriate.Dietz said that with this petition,there would be a one-time
treatment with alum.
MOTION: Motion was made by Butcher, seconded by Aho, to adopt a
Resolution to petition the Nine Mile Creek Watershed District to commit
to funding the Water Quality Improvement Projects for Anderson, Bryant,
Birch Island and Smetana Lakes. The motion carried,5-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
Rosow explained that the City Council would meet in closed session to discuss
the City Manager's performance review and to discuss settlement of litigation for
a civil litigation matter and the settlement or restitution claim in a criminal matter.
Young indicated that his law firm represents the employer in one of the litigation
cases and he would like to be excused from consideration of that matter.
XV. OTHER BUSINESS
A. CLOSED SESSION
1. City Manager's Performance Review
2. Discussion of Litigation
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Case,to adjourn the meeting and to go into
closed session. Motion carried 5-0. The meeting adjourned at 8:20 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.
Office of City Manager Cable TV Franchise Transfer from Time
Warner to Comcast
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt Resolution approving proposed change of control of Time Warner
Synopsis
This public hearing was continued from August 2, 2005.
Time Warner Cable is requesting the transfer of its cable franchise within the City of Eden Prairie to
Comcast Cable Communications,LLC. The City is required by federal law to provide the public
with an opportunity to comment on the proposed franchise transfer prior to taking final action on the
request. The City is a member of the Southwest Suburban Cable Commission. The Cable
Commission is studying the proposed transfer and is planning to make a final recommendation on the
proposal at a special meeting on September 1, 2005. The Commission requests that its member cities
suspend their public hearings and final actions on the franchise transfer request until its first meeting
following September 1. This will allow the City Council to have the benefit of the Commission's
recommendation before taking final action on the matter.
Attachment
Resolution
Memorandum dated July 20, 2005 from Cable Commission legal counsel
Letter dated July 14, 2005, from Cable Commission legal counsel to Ms. Sheila Willard, Comcast
Cable and Mr. Gary Matz, Time Warner Cable
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2005-
APPROVING THE PROPOSED CHANGE OF
CONTROL OF TIME WARNER
RECITALS:
1. On or about January 1, 1997, the City of Eden Prairie, Minnesota ("City") passed and
adopted Ordinance No. 52-96, granting a Cable Television Franchise ("Franchise"), currently
held by Time Warner Cable Inc. ("Franchisee").
2. On or about June 14, 2005, Franchisee submitted to the City FCC Form 394, Application
for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television
Franchise ("Form 394").
3. Form 394 constitutes Franchisee's application to transfer the system to MOC Holdco II,
Inc.which will wholly own Cable Holdco II Inc. ("Proposed Franchisee").
4. Pursuant to a Redemption Agreement, dated April 20, 2005, by and among Comcast
Cable Communications Holdings, Inc.; MOC Holdco II, Inc.; TWE Holdings I Trust, TWE
Holdings II Trust; Cable Holdco II Inc., Time Warner Cable Inc. and other related parties: (a)
the Franchisee cable system and Franchise will be assigned to a wholly-owned subsidiary of
Franchisee, Cable Holdco II Inc. and (b) immediately thereafter, pursuant to the same
Redemption Agreement, all of the stock of Cable Holdco II Inc. will be acquired by MOC
Holdco 11, Inc., an indirect wholly-owned subsidiary of Comcast Cable Communications
Holdings, Inc. The assignment and change of control described herein shall collectively be
referred to as the"Transaction."
5. Under the City's Cable Television Regulatory Ordinance ("Cable Ordinance") and
applicable law,the Transaction requires consent from the City.
6. The City is a member of the Southwest Suburban Cable Commission which has
conducted a review of the Transaction and issued a recommendation that the City approve the
Transaction subject to the conditions contained herein.
7. The City has reviewed the Transaction and the legal, technical, and financial
qualifications of MOC Holdco 11, Inc. and its corporate parent entities.
8. Based on information obtained and on the reports and information received by City,
including the recommendation of the Southwest Suburban Cable Commission, the City has
elected to consent to the Transaction.
NOW, THEREFORE, the City of Eden Prairie, Minnesota hereby resolves as follows:
1. The Franchise is in full force and effect, and Franchisee is the lawful holder of the
Franchise.
2. Each of the foregoing recitals are hereby incorporated by reference.
3. The City hereby consents and approves of the Transaction as contemplated under the
Redemption Agreement, subject to:
a. Closing of the Transaction described in information provided to the City by
Franchisee and MOC Holdco II, Inc.
b. MOC Holdco 11, Inc., within thirty (30) days of the date of closing, notifying the
City in writing of the completion of the Transaction.
C. Cable Holdco 11 Inc., within thirty (30) days of the date of closing, providing the
City with a signed acceptance of this Resolution in the form attached hereto and
incorporated by reference.
4. The City hereby waives any right of first refusal which the City may have to purchase the
Franchise, or the cable television system serving the City, but only as such right of first refusal
applies to the request for approval of the Transaction now before the City.
5. By this consent the City does not make any representation that Franchisee is in
compliance with its obligations under the Franchise.
6. By this consent the City does not waive any of Franchisee's commitments, duties and
obligations under the Franchise, including any accrued and unfulfilled obligation of the
Franchisee,whether known or unknown, relating to the Franchise.
7. In the event the Transaction contemplated under the Redemption Agreement is not
completed, for any reason, or is modified in any material manner, the City's consent provided
hereunder shall not be effective.
This Resolution shall take effect and continue and remain in effect from and after the date of its
passage, approval, and adoption.
ADOPTED by the Eden Prairie City Council on September 6,2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
MOSS & BARNETT
A Professional Association
VIA EMAIL
MEMORANDUM
To: Scott Neal, Gordon Hughes, Jim Genellie, John Gunyou and Steve Devich
FROM: Brian T. Grogan
DATE: July 20, 2005
RE: Public Hearings
As we discussed, the public hearings which will be held regarding the proposed transfer
of the Cable Television Franchise and system from Time Warner Cable, Inc. and
Comcast Cable Communications, LLC will be held in early August 2005. At that time
the public hearings should not be closed. In late August 2005, Moss &Barnett will
submit its report to the Southwest Suburban Cable Commission("Commission")
regarding the legal, technical and financial qualifications of Comcast. The Commission
is scheduled to meet on Thursday, September 1, 2005 to discuss Moss &Barnett's report
and prepare its recommendation regarding the proposed transfer. Thereafter the public
hearings should be continued until your city's first meeting in September to comply with
the required schedule in your cable ordinance.
Please provide the date of your city's public hearing to Terri Hammer at hammert@moss-
barnett.com.
If you have questions please feel free to contact me.
79i7aovi
MOSS & BARNETT
A Professional Association
4800 Wells Fargo Center
BRIAN T.GROGAN 90 South Seventh Street
612.347.0340 Minneapolis,MN 55402-4129
GroganB@moss-bamett.com Telephone 612.347.0300
Facsimile 612.339.6686
VIA E-MAIL, FACSIMILE and U.S. MAIL www.moss-bamett.com
July 14, 2005
Ms. Sheila R. Willard Mr. Gary R.Matz
Comcast Cable Communications,LLC Time Warner Cable
1500 Market Street,28"Floor West Tower 290 Harbor Drive
Philadelphia,PA 19102 Stamford, CT 06904-2210
Re: Application for Franchise Authority Consent to Assignment or Transfer of Control of
Cable Television Franchise
Dear Ms. Willard and Mr. Matz:-
Moss&Barnett,A Professional Association,has, as of this date,been retained to represent the
below listed cities(hereinafter"City")regarding the proposed transfer of control("transfer")of
the cable television system and franchise to MOC.Holdco II, Inc.,d/b/a Comcast Corporation
("Comcast"). This list maybe modified and/or increased if additional communities seek our
assistance.
Pursuant to 47 C.F.R. § 76.502(b) a franchising authority that questions the accuracy of the
information provided in FCC Form 394 must notify the cable operator within thirty(30)days of
the filing of Form 394. This letter will serve as a request on behalf of the City for supplemental
information with respect to FCC Form 394.
Cities Represented by Moss&Barnett
1. Bloomington,Minnesota
2. Eden Prairie,Minnesota
3. Edina,Minnesota
4. Hopkins,Minnesota
5. Minnetonka,Minnesota
6. Richfield,Minnesota
7. St.Louis Park,Minnesota
Please provide five (3)copies of Comeast's response to this letter to:
Brian T. Grogan,Esq.
Moss&Barnett
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis,MN 55402-4129
Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T
July 14,2005
Page 2 A Professional Association
In answering the questions below please identify each City to which your response applies. If
the answer to these questions exists in the information already provided to the City please
specify where such information can be found (i.e. document and page number).
1. Certificates of Authority, Good Standing,and Existence. Please provide certificates of
authority for MOC Hoidco II, Inc.to transact business in the State of Minnesota,as
provided by the Office of the Secretary of State.
2. Changes to the System. Is Comcast proposing or will Comcast undertake any technical
changes in the system?
A. Will Comcast operate the system serving the City separate from the systems
which Comcast currently operates in St. Paul and surrounding communities?
B. Does Comcast have plans to consolidate the headend facilities presently operated
by Time Warner into Comcast's headend facilities? If so,will this result in
changes to the subscriber equipment presently utilized by Time Warner
subscribers?
3. Changes in the Operation of the System. Is Comcast proposing, or will Comcast
undertake any changes in the operation of the system including,but not limited to,the
following areas: A)rate increases,B)programming, C)customer service practices,D)
billing practices,and E)personnel,etc.? Please describe in detail.
4. Programming Line-up. Will Comcast make any changes to the programming line-up in
the City?
5. Billing System. Please describe any changes Comcast will make in the current billing
system. Will subscribers see a new billing format and if so, what modifications will
result due to a change in the billing format?
6. Customer Service.
A. Since quality of service depends on adequate staffing and training of career
professionals:
i. How many technicians and customer service employees are currently
employed by Time Warner to service customers in the City referenced
herein?
ii. Will Comcast, at a minimum,maintain this employment level after the
merger?
iii. Will there be any planned cutbacks in staff,operations or locations for
customer service centers?
2
Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T
July 14, 2005
Page 3 A Professional Association
B. What customer service phone numbers will be used,e.g., will they change from
existing numbers?
C. Will customer service be centralized,and if so,where and how will it
accommodate any increase in telephone traffic?
7. Technical and Managerial Employees. Please explain whether Comcast will retain
employees currently providing technical and managerial services for the system serving
the City.
8. Required Waivers. Please provide copies of any requests made to any federal or state
governmental entity seeking waiver of cross ownership prohibitions existing under
federal law. Please fully describe the process and timing for receipt of any required
waivers. Please also provide copies of requests or information regarding any other state
or federal regulatory approvals which must be obtained as part of this proposed transfer.
9. Adelphia Bankruptcy. The City is aware that Time Warner and Comcast and/or its
affiliates are jointly pursuing acquisition of over five million customers presently served
by Adelphia Communications. That transaction is subject to approval by the bankruptcy
court. Please describe whether the transaction involving acquisition of the Adelphia
subscribers will in any way impact the proposed transfer of the cable system serving the
City. In other words,if the Adelphia transaction should fail to receive appropriate
approvals or should for any other reason fail to be completed will that affect the proposed
transfer involving the system serving the City?
10. PEG Access. Please describe Comcast's plans regarding Time Warner's existing
franchise obligations to meet public, educational and governmental access requirements
contained in the franchise.
A. In the Southwest Suburban Cable Commission("Commission'),Time Warner
presently maintains a public access studio in the City of Eden Prairie for use by
all five(5)member cities of the Commission. Time Warner provides staff,a
studio facility,production equipment,editing equipment,training,promotion, and
related services for use by subscribers. Will Comcast commit to meet all
franchise obligations regarding PEG access? Will Comcast commit to the same
level of services presently provided by Time Warner? Does Comcast plan any
changes to the PEG studio facility equipment or personnel presently in place?
B. The City of Edina has recently experienced numerous problems regarding the
audio and video quality of city council meetings cablecast on the system. In some
cases the audio was delayed several seconds for the video making the meeting
virtually impossible to view. In other cases the picture quality of the city council
meetings has been washed out and/or has significant ghost imaging which has
3
............ . ..- .
Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T
July 14,2005
Page 4 A Professional Association
been difficult to remedy with Time Warner staff. In addition,the City is required
to submit tapes to Time Warner which are no longer than one hundred twenty
(120)minutes each. Since city council meetings often extend well beyond two(2)
hours the city typically sends two (2)or even three(3)tapes for a single meeting.
Earlier this year then Comcast switched tapes the final hour of the city council '
meeting was completely black and never corrected. Please explain how these
issues will be addressed by Comcast upon acquisition of the cable system to
ensure that the audio and video quality of city council meetings will be addressed.
11. Financial Oualifications.
A. The annual financial forecasts for a three(3)year period from fiscal year 2005
through fiscal year 2007,relating to the business,earnings,cash flow,capital
expenditures,assets,liabilities and prospects of Comcast,including projected
income statements,balance sheets and statements of cash flow with an
explanation of the appropriate assumptions and estimates. The explanation
should include a list of potential sources of cash for capital expenditures and
operating cash flow.
B. According to the first quarter 2005 Comcast Corporation and subsidiaries Form
10-Q,the acquisition of Adelphia Communications Corporation("Adelphia")
with Time Warner will be for consideration of$12.7 billion and 16%of the
common stock of Time Warner Cable Inc. The above-referenced Form 10-Q
states that Comcast's net cash investment is$1.5 billion. Please provide a
detailed list of the sources of funds for this acquisition and a detailed schedule of
long and short term debt to be held or projected to be secured for this transaction.
C. A schedule of the expected synergies of the Adelphia/Time Warner/Comcast
transaction including amounts and timing of cost savings as well as expenses
expected to be incurred as a result of the transaction(severance, contract
termination costs,etc.).
D. A detailed schedule of all substantial fixed fee arrangements including name of
entity,type of service, amount of fixed fee, and payment schedule incurred as a
result of the Adelphia acquisition.
E. A detailed schedule of any Comcast's projected capital outlays related to capital
improvements to the acquired Adelphia and Time Warner systems including any
enhancements or system upgrades.
F. A detailed schedule of Comcast's projected annual revenue loss related to the
cable systems transferred to Time Warner as part of the cable systems
realignment.
4
Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T
July 14,2005
Page 5 A Professional Association
The Cities hereby specifically reserves all of its rights to seek additional information with respect
to FCC Form 394. In addition,the City also reserves the right to seek additional information
and/or clarification regarding Time Warner's compliance with existing franchise obligations and
technical performance requirements of Time Warner's system.
Very truly yours,
Brian T. Grogan
BTG/tlh
cc: Diann Kirby, City of Bloomington(via email)
Scott Neal, City of Eden Prairie(via email)
Gordon Hughes, City of Edina(via email)
James Genellie, City of Hopkins(via email)
John Gunyou, City of Minnetonka(via email)
Steve Devich,City of Richfield(via email)
Reg Dunlap,City of St. Louis Park(via email)
Joel Jamnik, City of St. Louis Park(via email)
Kim Roden,Time Warner(via email)
John Gibbs, Comcast(via email)
790409v1
5
MOSS & BAR NETT
A Professional Association
VIA EMAIL
MEMORANDUM
To: Scott Neal, Gordon Hughes, Jim Genellie, John Gunyou and Steve Devich
FROM: Brian T. Grogan
DATE: July 20, 2005
RE: Public Hearings
As we discussed, the public hearings which will be held regarding the proposed transfer
of the Cable Television Franchise and system from Time Warner Cable, Inc. and
Comcast Cable Communications, LLC will be held in early August 2005. At that time
the public hearings should not be closed. In late August 2005, Moss & Barnett will
submit its report to the Southwest Suburban Cable Commission("Commission")
regarding the legal, technical and financial qualifications of Comcast. The Commission
is scheduled to meet on Thursday, September 1, 2005 to discuss Moss &Barnett's report
and prepare its recommendation regarding the proposed transfer. Thereafter the public
hearings should be continued until your city's first meeting in September to comply with
the required schedule in your cable ordinance.
Please provide the date of your city's public hearing to Terri Hammer at hammert@moss-
barnett.com.
If you have questions please feel free to contact me.
7917aovi
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Carri Haberle, Police/ Clerk's License Application List
Community Investigations Unit
These licenses have been approved by the department heads responsible for the licensed
activity.
Amendment to Liquor License
2AM Closing Permit—Renewal
Green Mill of Eden Prairie
DBA: Purple Star Inc.
Temporary Liquor
Organization: Rotary Club of Eden Prairie
Event: Wine Tasting
Date: October 8, 2005
Place: Flagship Athletic Club
CITY COUN
CIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Randy L. Slick Final Plat Approval of Patterson Estates
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Patterson Estates.
Synopsis
This proposal is for the final plat located at 15340 West Sunrise Circle. The plat consists of 1.26
acres to be divided into two single-family lots. Lot 2 will be the newly created lot in this
proposal.
Background Information
The preliminary plat was approved by the City Council on July 6, 2004. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on August
17, 2005.
The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$310.00
• Receipt of street lighting fee in the amount of$203.15
• The requirements as set forth in the Developer's Agreement
• Provide a list of areas of all areas (to the nearest square foot) of all lots, outlots and
road right-of-ways certified by surveyor.
Attachments
• Resolution
• Drawing/Description of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2005-
A RESOLUTION APPROVING FINAL PLAT OF
PATTERSON ESTATES
WHEREAS, the plat of Patterson Estates has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations
and requirements of the laws of the State of Minnesota and ordinances of the City of
Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Patterson Estates is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated
September 06, 2005.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-
month maximum time lapse between the approval date of the preliminary plat
and filing of the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this
resolution to the owners and subdividers of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon compliance with the
foregoing provisions.
ADOPTED by the Eden Prairie City Council on September 06, 2005.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
PA T TERSON ES TA TE CA Doc. NO.
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI11. C.
Randy L. Slick Final Plat Approval of Eagle Crest at
Public Works/Engineering Hennepin Village
Requested Action
Move to: Adopt the resolution approving the final plat of Eagle Crest at Hennepin
Village
Synopsis
This proposal is for the final plat located south of Charlson Road and east of Pincherry Lane.
The plat consists of 16.9 acres to be divided into forty single-family lots, three outlots and right-
of-way dedication for street purposes. This is a replat of Outlot L, Eagle Ridge at Hennepin
Village Four.
Background Information
The preliminary plat was approved by the City Council on May 15, 2005. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
July 5, 2005.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$2,000
• Receipt of street lighting fee in the amount of$3,047.22
• Receipt of street sign fee in the amount of$1,106.50
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy to Outlot B, at current market value.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
• Prior to release of final plat, Developer shall present to the Community Development
Director, for her written approval, an Affordable Housing Declaration.
• Revision to plat shall include an approved street name for the proposed street.
• Completion of the vacation of the underlying drainage and utility easement over the
pond.
• Prior to release of final plat, Developer shall provide proof that the Development
Agreement has been recorded at the County Recorder and/or Registrar of Titles.
Attachments
• Resolution
• Drawing/Description of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2005-
A RESOLUTION APPROVING FINAL PLAT OF
EAGLE CREST AT HENNEPIN VILLAGE
WHEREAS, the plat of Eagle Crest at Hennepin Village has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Eagle Crest at Hennepin Village is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated September 06, 2005.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on September 6,2005.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
EA GLE CREST AT HENNEPIN VILLAGE R.T. Doc. NO.
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: S.S.A. 99-06 ITEM NO.: VIII.D.
Jim Richardson Release of Land from Special Assessment
Public Works/Engineering Agreement for Bryant Lake Heights
Requested Action
Move to: Approve the Release of Land from Special Assessment Agreement for Lot 1, 2 and 3,
Block 1, Bryant Lake Heights
Synopsis
In September, 1999, the City of Eden Prairie entered into a Special Assessment Agreement with
James and Raynell Perkins regarding the levying of special assessments for trunk sanitary sewer,
trunk watermain and other utility improvements, in the amount of$14,345.00
Background Information
The $14,345.00 has been assessed and paid.
Attachments
• Release of Land from Special Assessment Agreement
I
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie,a Minnesota municipal corporation
("City"),and is dated as of September 6,2005.
FACTS
1. A certain Agreement regarding Special Assessments ("Agreement'), dated September 17,
1999, was executed by and between the City and James and Raynell Perkins, which
Agreement was filed as Document No.3230089 with the Registrar of Titles on December 2,
1999.
2. The property affected by this release is described as follows: Lots 1 through 3 inclusive,
Block 1,Bryant Lake Heights,hereinafter referred to as the property.
THEREFORE,the City of Eden Prairie,a Minnesota municipal corporation,hereby releases
the Property described above from the obligations and conditions set forth in the Agreement
regarding Special Assessments dated September 17, 1999,filed as Document No.3230089 with
the Registrar of Titles on December 2, 1999. This Release of Land shall not release or discharge
the Property from the lien of any special assessments levied by the City pursuant to the
Agreement.
IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: BY:
Nancy Tyra-Lukens Scott H.Neal
Its Mayor Its City Manager
STATE OF MINNESOTA)
)ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this day of
2005, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and City Manager of the City of
Eden Prairie,a municipal corporation under the laws of the State of Minnesota,on behalf of said
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. E.
Randy L. Slick Grading Permit for Shoreline Improvements
Public Works/Engineering at 7034 Willow Creek Road
Requested Action
Move to: Authorize issuance of a grading permit to John and Elaine Cavanaugh for the backyard
grading and retaining wall improvements at 7034 Willow Creek Road.
Synopsis
John and Elaine Cavanaugh are requesting City Council approval for the grading,timber wall
removal, reconstruction of a retaining wall system in their backyard, as well as construction of a
new accessory structure,patio and cart path for improved access to the lake. The improvements
include removal of a retaining wall system that includes walls of up to 9 feet in height and
replacement with a more gradual slope down to Bryant Lake. Approximately 500 cubic yards of
material is to be moved on the site.
Background Information
The proposed grading and retaining wall project is consistent with other properties within the
neighborhood. Engineering staff has reviewed the plans for conformance to our standards for
erosion control and drainage. Community Development staff has reviewed the proposal for
conformance to City Code. Following is a summary of the proposed plan.
• Total percent impervious surface for the lot is 22.1%. This includes the house, driveway,garage
and cart path as well as the proposed improvements for the shoreland area.
• Approximately 70 feet of the shoreline will remain natural,with existing aquatic vegetation.
• Approximately 110 feet of shoreline is eroded and undercut. This area will be regraded and
filled in with fieldstone rip-rap. Behind the rip-rap will be a limestone boulder border.
• A series of boulder retaining walls will be constructed across the site. Native vegetation will be
planted within most of the boulder walls to give a more"rock outcrop" feel to the boulders.
• A sand beach will be constructed to DNR specifications of a length of approximately 30 feet.
• Catch basins will be installed on the cart path to help capture and direct stormwater runoff to an
area that will be rip-rapped.
• An existing timber boat ramp will be removed; however the dock will remain in place.
• A water-oriented accessory structure of 16 feet by 12 feet will be constructed along with a patio
of 1.0 feet by 16 feet. The water-oriented accessory structure will be built in accordance with
City Code requirements.
• Many of the existing trees will be retained, including oaks and evergreen trees.
Attachments
• Grading plan
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5654 ITEM NO.: VIII. F.
Rodney Rue Approve Change Order No. 1 for Fire
Public Works/Engineering Station Utility Extension Project
Requested Action
Move to: Approve Change Order No. 1 for the Fire Station No. 4 Utility Extension Project, in
the amount of$2,215.00.
Synopsis
This Change Order involves field changes necessary to accommodate the Linwood Court
extension (associated with the TH212 Design-Build Project), as well as the construction of Fire
Station No.4.
Background Information
This project was done to ensure that the fire station utilities were constructed prior to the
construction of the Linwood Court extension by Zumbro River Constructors (TH212 Design-
Build contractor).
Attachments
• SEH Change Order No. 1
• Addendum No. 1 notification
• Invoice from Parrott Contracting Inc.
SEH CHANGE ORDER
City of Eden Prairie August 18,2005
OWNER GL17E
05-3654 1
OWNERS PRW6CTN0. t�i�thlt,EUfIDEfi NQ.
Eden Prairie Fire Station Utility Extension AEDENP0405.00
PROXCTDESCM7M S&I FRE NO.
The foaowing changes shall be made to the contract dwimerO.
Description: _
The foiiowinR items added to the contract:
Item Description Unit Cast Qfy Total
1 Add 3-to sanitary MR 43 LF $130.00 3 $390.00
2 Add extra depth to watcrnmin LS $750.00 1 $750.00
3 Add 24"HYD&valvebox L5 $575.00 1 $575.00
extension
4 1 Bulkhead&.abandon storm IS 1 $500.00 1 $500.00
TOTAL: $2,215.00
Purpose of Change Order:
Berns 1-3:Future Fire Station Site was raised prior to construction.See addendum No. 1.
Item 4:Existing start sewer stub had to be disconnected from structure in order to connect new storm
sewer.There was not enough space in structure for both.
Basis of Cost: ®Actual 0 Estimated
Attachments(list supporting doewnents)
Addendum No. 1
Invoice from Parrott Contracting Ltc.
Contr3las tus Time Cost
Orlgfnaf Contract 07/26105 $39,560.15
Net Change Prior C.O.1; N/LPL to Nam,„ N/A $0.00
Change this C.O- 08/18/OS $2,2I5.00
Relrlsed Contrail 08/1S/05 $41,775.15
Recommended forAA"val: Sham Elliott Hendrickson Ina by
A9 Approved for Owner:
3—sit BY Qtyaf EdM V Pratrta
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ewWe2rpw403oWJ-=V i jPNft*..V..ar l aW v"
sh-t MEview Itanrirtetenon ine,Butler square Baikanp.Suite 710C.100 North M Saast.IMnnaaPW*MN 55403-1515
SEH Is an equal apponunfty employer 1 _Aohlp jM" 1 812.75BAM I 9W.5=j3t16 I 612.75LWMI tax
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DOCUMENT 00911
Addendum No.1
July 12,2005
Eden Prairie Fire Station Utility Extension
City Improvement Contract No.05-5654
City of Eden Prairie
SEH No.A-EDENP0405.00
From: Short Elliott Hendrickson Inc.
100 North 6"'Street,Suite 710C
Minneapolis,MN 55403
To: Document Holders
DOCUMENT HOLDERS on the above-named
project are hereby.noftfied that this document shall
be appended to, take precedence over-and become
part of.the original bidding documents dated June
30, 2005 for this work. Quotes submitted for .the
construction of this work shall conform. to this
document.
This addendum consists of i page and the attached -
Drawing No.C201.
Changes to Drawings.
1. On plan sheet C201,Casting elevation change to
Sanitary MH 03 from 895.00 to 898.00. The
change was made to the text in the plan view
and in the Sanitary Stricture schedule. The
height of MH 03 was adjusted accordingly in
the profile view along with the Future Ground
Profile.
2. On plan sheet C201,The Waterman profile was
adjusted up to maintain the 7.5' min depth based
on the revised Future Ground Profile.
Note: Receipt of this Addendum No. 1 dated July 12, 2005 shall be acknowledged on Page PF-3 of the -
submitted Proposal Form.Failure to do so may subject Bidder to disqualification.
END OF ADDENDUM
Addendum
A-EDENP0405.00 00911 - 1
ARRt?TT CONTRACTING INC invoice
30OW STATE HM 93 `
HENDERSON MN 56044 DATE INVOICE#
8/152005 05-1278
BILL TO JOB LOCATION!DESCRIPTION
CITY OF EDEN PRAIRIE FIRE STATION UTIUtIY EXTENSION
ROB RUE LINDEN$DELL RD
8080 MITCHELL RD CHANGE ORDERS
EDEN PRAIRIE MN 55344-4485
P.O. W. TERMS
DESCRIPTION QTY!HRS RATE AMOUNT
ADD T TO SANITARY MANHOLE*3 PILF 3 130:00 390DO
ADD EXTRA DEPTH TO WATERMAiN 750.00 . 750.00
ADD 24"HYDRANT&yALVE BUX EXTENSIONS: 575.00. 575.00
BULK HEAD 8.ABANDON EXISTING STORM PIPE 500.00 5013.00
Total $2.215.00
Balance Due $2,215.00
Please pay from invoice- no statement will
follow.
E-d L6969VZL09 d
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIIL G.
Eugene A. Dietz Approve Plans and Specifications for a
Public Works Sand/Salt Storage Facility and
Authorize Bids
Requested Action
Move to: Approve plans and specifications for a sand/salt storage facility and authorize bids to
be received on September 29,2005.
Synopsis
City Council adopted a Resolution for site plan approval for this facility on August 2, 2005.
Staff has engaged a consultant that has developed the plans and specifications for the project.
With Council approval, it is expected that the facility will be available for this winter's snow
season.
Attachments
• 3 plan drawings
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. H.
Randy L. Slick Grading Permit for Parking Lot
Public Works/Engineering Improvements at 7752 Mitchell Road
Requested Action
Move to: Authorize issuance of a grading permit to Lunds Food Holdings, Inc. for
grading and parking lot improvements at 7752 Mitchell Road.
Synopsis
Lunds Food Holdings, Inc. is requesting City Council approval for the grading and removal of
the existing employee parking lot pavement and the reconstruction and placement of new
bituminous parking lot pavement. Approximately 5000 cubic yards of material is to be moved
on site.
Background Information
Engineering staff has reviewed the plans for conformance to our standards for erosion control
and drainage. Community Development staff has reviewed the proposal for conformance to City
Code.
Attachments
• Grading plan
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i LUND'S PRODUCTION FACILITY
7752 MITCHELL ROAD IA« aur„ a� 3
F.F. ELEVATION = 103.48 , aYY NO2
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Bola CONCRETE 9
CURBB GUTTER DETAIL
BULKHEAD CURB DETAIL €
RECLAIM
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CITY COUNCIL AGENDA DATE:
SECTION: Consent September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIII. 1.
Community Development: Contract for Services
David Lindahl LHB Tax Increment Inspections
Janet Jeremiah
Requested Action:
Move to:
■ Approve contract with LHB Incorporated to perform inspections and investigations of a property located
at 6509 Flying Cloud Drive to determine eligibility for a Tax Increment Development Redevelopment
District.
Synopsis:
Staff is proposing to retain the services of LHB to perform an inspection of the former Physical Electronics
building and site located at 6509 Flying Cloud Drive in the Golden Triangle to determine whether it qualifies
as a Tax Increment Financing Redevelopment District.United Properties will submit a deposit to the City to
cover all consultant, legal, and staff costs related to the TIF analysis.
Background:
United Properties purchased the 15 acre former Physical Electronics headquarters site in June 2003.At
the time of the acquisition the 200,000 square foot building was largely vacant due to a significant
downsizing at Physical Electronics. United Properties purchased the building with intentions of either
leasing it or possibly redeveloping the site. Over the last two years they have been unable to secure
tenants for the building, and have now decided to try and redevelop a 10 acre portion of the site into a
new 90,000 square foot office warehouse building. The remaining 5 acres and a portion of the existing
building are being sold for a possible swim club,which is a separate project that has been submitted and
is expected to be before the Council in October. United Properties is asking the City to consider
providing Tax Increment Financing to assist in paying for some of the redevelopment related costs
associated with the redevelopment proposal. Reasons for considering this request include:
■ The building has been vacant for over two years and because of its age,poor condition, and irregular
configuration, has been challenging to reuse and would most likely remain vacant.
■ The site met a least one criteria used to identify redevelopment sites in the Golden Triangle Area
Study,which was adopted by the City Council in 2004.
■ Consistent with a key recommendation from the GTA Study to encourage redevelopment and
reinvestment throughout the Golden Triangle.
■ An article from the Star Tribune in August of 2002 stated that"The Golden Triangle, littered with for-
lease signs and empty buildings on Eden Prairie's lush terrain,has lost its gleam." A major
reinvestment of this site would be a positive step towards improving the overall economic conditions
of the area.
Attachments:
LHB Contract
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 22 day of August, 2005, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and LHB, Inc, (hereinafter"Consultant')whose business address is 250 Third
Avenue North, Suite 450, Minneapolis, MN 55401.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement
is to set forth the terms and conditions for the provision of professional services by Consultant as
described herein with respect to property located at 6509 Flying Cloud Drive, Eden Prairie, MN.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit"Kin connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described
in Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant for the services as
described in Exhibit B.
A. Any changes in the scope of the work which may result in the compensation due
the Consultant shall require prior written approval by an authorized representative
of the City or by the City Council. The City will not pay additional compensation for
services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. City agrees to pay Consultant for extra services by the Consultant or Special
Consultants when authorized in writing by the City. In the event Consultant requests
in writing to the City to expend time or incur costs relative to a claim against City
that the real property described in Exhibit A is not a Redevelopment District or a
Redevelopment Project within the meaning of Minnesota Statutes 469.174,subd.10
or 469.002 subd. 14, City will compensate Consultant at the hourly rates described
in Exhibit B for the hours reasonably expended by Consultant and the costs
reasonably incurred in connection with request.
4. The City agrees to provide the Consultant with the complete information concerning the
Scope of the Worts and to perform the following services:
A. Access to the Area. Depending on the Mature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration
to all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. Intentionally Omitted.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized
bills for professional services performed under Section 4 of this Agreement. Bills submitted
shall be paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name,job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statement
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall
provide such documentation as reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is
abandoned or suspended in whole or in part by the City, the Consultant shall be
paid for any services performed on account of it prior to receipt of written notice
from the City of such abandonment or suspension, all as shown on Exhibit A
attached hereto and incorporated herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be
reimbursed for the work of special consultants, as described in Section 313, and for
other items when authorized in writing by the City. Such items shall include:
transportation of principals and employees on special trips to the Project or to other
locations, materials and supplies, and AutoCAD as required to expedite the work,
and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Michael Fisher, Jerry
Putnam, and Bruce Chalupsky to serve on the Project. They shall be assisted by other
staff members as necessary to facilitate the completion of the Project in accordance with
the terms established herein. Consultant may not remove or replace Michael Fisher, Jerry
Putnam, and Bruce Chalupsky from the Project without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance
with the standard of care in Hennepin County, Minnesota for professional services of the
like kind.
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Consultant under this Agreement which the City requests to
be kept confidential shall not be made available to any individual or organization without the
City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Consultant shall
become the property of the City upon termination of this Agreement, but Consultant may
retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from September 7, 2005 through, October 7,
2005 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7)days'written
notice delivered to the other party at the address written above. Upon termination under
this provision if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because of the Consultant has failed to perform in
accordance with this Agreement, no further payment shall be made to the Consultant, and
the City may retain another contractor to undertake or complete the work identified in
Paragraph 1. If as a result, the City incurs total costs for the work (including payments to
both the present contractor and a future contractor) which exceed a maximum Agreement
amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for
the difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within the ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for which
the Consultant has received payment by the City, the Consultant shall pay interest to the
subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a
month. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided. The Consultant and City, together with their
respective agents and employees, agree to abide by the provisions of the Minnesota Data
Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules
promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect,the validity of the remainder of this Agreement.
21. Indemnirication. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, resulting directly or indirectly from a
negligent act or omission (including without limitation professional errors or omissions) of
the Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said
Consultant fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $2,000,000 for each person,
and each occurrence, for both personal injury and property damage. This policy
shall name the City as an additional insured for the services provided under this
Agreement and shall provide that the Consultant's coverage shall be the primary
coverage in the event of a loss. The policy shall also insure the indemnification
obligation contained in Paragraph No. 21. A certificate of insurance on the City's
approved form which verifies the existence of this insurance coverage must be
provided to the City before work under this Agreement is begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance
as will protect Consultant from claims under the Worker's Compensation Acts and
from claims for bodily injury, death, or property damage which may arise from the
performance of Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability
insurance policy. Said policy shall insure payment of damage for legal liability
arising out of the performance of professional services for the City, in the insured's
capacity as the Consultant, if such legal liability is caused by an error, omission, or
negligent act of the insured or any person or organization for whom the insured is
legally liable. Said policy shall provide an aggregate limit of$2,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions,for three years after final payments
and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Reuse of the Information for the
purposes of the project contemplated by this Agreement ("Project") does not relieve any
liability on the part of the Consultant, but any reuse of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
reusing the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or
related to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
p 9 9
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action maybe instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
27. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
28. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
29. Counterparts. This Agreement may be executed in multiple counterparts each of which
shall be considered an original.
30. Whole Agreement. This Agreement constitutes the final and complete agreement of
the parties and shall supersede and replace any prior oral or written agreements
between City and Consultant. Any subsequent modifications must be in writing signed
by both parties.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
LHB Incorporated Representative
EXHIBIT A
The Work
The "Work" of Consultant shall consist of the following:
1. Consultant shall conduct such inspections and investigations of the real properties,
buildings and situated within the Redevelopment District hereafter described (the "real
property"), and will provide to City its report including its findings, conclusions and opinion
whether the real property qualifies as a Redevelopment District within the meaning of Minnesota
Statutes § 469.174, subd. 10 and as a redevelopment project within the meaning of Minnesota
Statutes §469.002, subd. 14.
2. The Redevelopment District is as follows:
Legal description for the proposed TIF district yet to be determined. The following is a
general description: Approximately a 10 acre portion of a 15 acre property located at 6509
Flying Cloud Drive in Eden Prairie, Minnesota. PID: 01-116-22-13-0034.
EXHIBIT B
Consultant's Compensation
Consultant's compensation for its services shall be as follows: Compensation shall be on an
hourly basis with the following key staff not to exceed $4,000 plus reimbursable expenses as
follows:
• Project Principal, Michael Fischer(TIF analysis) $172/hour
• Project Manager/Architect/Inspector,jerry Putnam $110/hour
• GIS/Planning $98/hour
• Project Administrator(property owner contacts, documentation)$51/hour
We will work on an hourly basis with a not-to-exceed fee budget of $4,000 plus reimbursable
expenses for the inspection of one large industrial structure, blight analysis write-up, and a full
report outlining the findings for the TIF district.
Reimbursable Expenses. Reimbursable expenses are in addition to compensation for
professional services and include expenses incurred by LHB and its consultants.
Mileage Current IRS rate
Lodging & Meals 110% of cost
Long Distance Telephone 110% of cost
Copies $.15 each face
Color Copies 11":x17" $2.00 per copy
Color Copies 8-1/2" x 11" $1.00 per copy
Postage and handling 110% of cost
Fees Paid for Regulatory Approvals 125% of cost
Photography 110% of cost
Printing of Construction Documents 110% of cost
Subconsultant Fees 110% of cost
AutoCAD $15.00 per hour
Plots—Bond $2.00 per copy
Plots—Vellum $3.00 per copy
Global Positioning System $150 per day
Underground Utility Locator $25 per day
Excess Project Insurance 100% of cost
Renderings and Models 110% of cost
CITY COUNCIL AGENDA DATE:
SECTION: Consent September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIII. J.
Community Development: Contract for Services
David Lindahl Springsted Tax Increment
Janet Jeremiah
Requested Action:
Move to:
■ Approve contract with Springsted Incorporated to conduct a complete Tax Increment Financing analysis
and plan for the property located at 6509 Flying Cloud Drive.
Synopsis:
Staff is proposing to retain the services of Springsted to evaluate the former Physical Electronics building
located at 6509 Flying Cloud Drive in the Golden Triangle to determine if financial assistance from the City is
required to redevelop the site,and if so,to complete,process,and present a Tax Increment Financing Plan to
the City Council. United Properties will submit a deposit to the City to cover all consultant,legal, and staff
costs related to the TIF analysis.
Background:
United Properties purchased the 15-acre former Physical Electronics headquarters site in June 2003.At
the time of the acquisition, the 200,000 square foot building was largely vacant due to a significant
downsizing at Physical Electronics. United Properties purchased the building with intentions of either
leasing it or possibly redeveloping the site. Over the last two years they have been unable to secure
tenants for the building, and have now decided to try and redevelop a 10 acre portion of the site into a
new 90,000 square foot office warehouse building. The remaining 5 acres and a portion of the existing
building are being sold for a possible swim club,which is a separate project that has been submitted and
is expected to be before the Council in October. United Properties is asking the City to consider
providing Tax Increment Financing to assist in paying for some of the redevelopment-related costs
associated with the redevelopment proposal. Reasons for considering this request include:
■ The building has been vacant for over two years and because of its age, poor condition, and irregular
configuration,has been challenging to reuse and would most likely remain vacant.
■ The site met a least one criteria used to identify redevelopment sites in the Golden Triangle Area
Study,which was adopted by the City Council in 2004.
■ Consistent with a key recommendation from the GTA Study to encourage redevelopment and
reinvestment throughout the Golden Triangle.
■ An article from the Star Tribune in August of 2002, stated that"The Golden Triangle, littered with
for-lease signs and empty buildings on Eden Prairie's lush terrain,has lost its gleam." A major
reinvestment of this site would be a positive step towards improving the overall economic conditions
of the area.
Attachments:
Contract
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 22 day of August, 2005, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Springsted, Incorporated (hereinafter "Consultant') whose business
address is 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement
is to set forth the terms and conditions for the provision of professional services by Consultant for a
Tax Increment Financing analysis at a property located at 6509 Flying Cloud Drive, Eden Prairie,
MN, hereinafter referred to as the"Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit"A"in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described
in Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant for the services as
described in Exhibit B.
A. Any changes in the scope of the work which may result in the compensation due
the Consultant shall require prior written approval by an authorized representative
of the City or by the City Council. The City will not pay additional compensation for
services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. City agrees to pay Consultant for extra services by the Consultant or Special
Consultants when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the
Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration
to all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. Intentionally Omitted.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5. Method of Payment. The Consultant shall submit upon completion of work itemized bills
for professional services performed under Section 4 of this Agreement. Bills submitted
shall be paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name,job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statement
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall
provide such documentation as reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is
abandoned or suspended in whole or in part by the City, the Consultant shall be
paid for any services performed on account of it prior to receipt of written notice
from the City of such abandonment or suspension, all as shown on Exhibit A
attached hereto and incorporated herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be
reimbursed for the work of special consultants, as described in Section 36, and for
other items when authorized in writing by the City. Such items shall include:
transportation of principals and employees on special trips to the Project or to other
locations, materials and supplies, and AutoCAD as required to expedite the work,
and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Terri Heaton, Senior Vice
President and Mikaela Huot, Project Manager to serve on the Project. They shall be
assisted by other staff members as necessary to facilitate the completion of the Project in
accordance with the terms established herein. Consultant may not remove or replace Terri
Heaton or Mikaela Huot from the Project without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance
with the standard of care in Hennepin County, Minnesota for professional services of the
like kind.
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by,the Consultant under this Agreement which the City requests to
be kept confidential shall not be made available to any individual or organization without the
City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Consultant shall
become the property of the City upon termination of this Agreement, but Consultant may
retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from September 7t'through January 31 st, 2005
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated b either a b seven 7 da s'written
Y party Y O Y
notice delivered to the other party at the address written above. Upon termination under
this provision if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because of the Consultant has failed to perform in
accordance with this Agreement, no further payment shall be made to the Consultant, and
the City may retain another contractor to undertake or complete the work identified in
Paragraph 1. If as a result, the City incurs total costs for the work (including payments to
both the present contractor and a future contractor) which exceed a maximum Agreement
amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for
the difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within the ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for which
the Consultant has received payment by the City, the Consultant shall pay interest to the
subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a
month. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program worts, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided. The Consultant and City, together with their
respective agents and employees, agree to abide by the provisions of the Minnesota Data
Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules
promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, resulting directly or indirectly from a
negligent act or omission (including without limitation professional errors or omissions) of
the Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said
Consultant fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $2,000,000 for each person,
and each occurrence, for both personal injury and property damage. This policy
shall name the City as an additional insured for the services provided under this
Agreement and shall provide that the Consultant's coverage shall be the primary
coverage in the event of a loss. The policy shall also insure the indemnification
obligation contained in Paragraph No. 21. A certificate of insurance on the City's
approved form which verifies the existence of this insurance coverage must be
provided to the City before work under this Agreement is begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance
as will protect Consultant from claims under the Worker's Compensation Acts and
from claims for bodily injury, death, or property damage which may arise from the
performance of Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability
insurance policy. Said policy shall insure payment of damage for legal liability
arising out of the performance of professional services for the City, in the insured's
capacity as the Consultant, if such legal liability is caused by an error, omission, or
negligent act of the insured or any person or organization for whom the insured is
legally liable. Said policy shall provide an aggregate limit of$1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions, for three years after final payments
and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Reuse of the Information for the
purposes of the project contemplated by this Agreement ("Project") does not relieve any
liability on the part of the Consultant, but any reuse of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
reusing the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or
related to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
27. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
28. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
29. Counterparts. This Agreement may be executed in multiple counterparts each of which
shall be considered an original.
30. Whole Agreement. This Agreement constitutes the final and complete agreement of
the parties and shall supersede and replace any prior oral or written agreements
between City and Consultant. Any subsequent modifications must be in writing signed
by both parties.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Springsted Incorporated Representative
EXHIBIT A
The Work
1. Consultant shall conduct a complete Tax Increment Financing Analysis and Plan per the
following work plan activities:
■ Assist City in evaluating blight qualification findings and confirming blight status of
proposed TIF district,with information provided by LHB.
■ Gather parcel base value and development project information (with on-site meeting if
necessary) including size, type, and value of commercial project(s) and phasing of
construction and value assessments.
■ Construct tax increment analysis including projections and impacts on other taxing
jurisdictions with the customized Springsted Model for this project.
■ Analyze developer's operating proforma, with and without TIF, total project budget
including sources and uses, and TIF eligible expenditures.
■ Draft tax increment plan and project plan and Review draft plans with City Staff and
Attorney.
■ Send required notifications and information to County and School District officials
■ Prepare and send required publication notice to local newspaper
■ Present tax increment and project plans at proposed public hearing
■ Complete certification of TIF plan with County and notification to State
2. The Redevelopment District is as follows:
Legal description for the proposed TIF district yet to be determined. The following is a
general description: Approximately a 10 acre portion of a 15 acre property located at 6509
Flying Cloud Drive in Eden Prairie, Minnesota. PID: 01-116-22-13-0034.
EXHIBIT B
Consultant's Compensation
The Consultant proposes to complete the activities listed in Exhibit A for an estimated fee of
$5,000- $7,500, exclusive of out-of pocket expenses such as travel, copying, and faxes.
Because the Consultant will bill their staff time at an hourly rate, the total fee may be less than
estimated. If the project demands more time than anticipated, we will seek your guidance and
approval before exceeding the above estimated range. The estimated time to complete the work
is approximately 60-90 days from the date we receive information and begin.
Consultant's compensation for its services shall be as follows: Compensation shall be on an
hourly basis with the following key staff not to exceed $7,500 plus reimbursable expenses as
follows:
Principal & Senior Officer $ 195
Officer& Project Manager $ 165
Senior Associate $ 1 40
Associate $ 25
Support Staff $ 50
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. K.
City Council Approve City Manager's Pay Increase
Requested Action
Move to: To approve an increase in the hourly wage rate for Mr. Scott Neal, City Manager,to
$59.28/hour, effective November 1, 2005; and, subject to a positive performance review by the
City Council, to $63.62, effective May 1, 2006.
Synopsis
The Council has reviewed Mr.Neal's compensation package in light of the recent change in the
State's local government salary cap. The Council has conducted a comparison of Mr.Neal's
compensation to those of his peers around the Twin Cities and believes the proposed change in
his compensation is in order.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIII.L.
Community Development: Contract for Services—Markedine Research
David Lindahl Business Survey
Janet Jeremiah
Requested Action:
Move to:
Approve contract with Marketline Research to conduct a survey of the Eden Prairie business community.
Synopsis:
The proposed 2005 business survey is a follow-up to the last one conducted in 2002 and will include many of
the same questions in order to gauge whether the City's services and relationship with the business
community has improved over the last three years.
Background:
A first-ever City sponsored survey of the business community was conducted in 2002 as way to determine the level
of satisfaction with City services and to help set work priorities for the Economic Development Division. The
general highlights of that survey included:
• Overall the results were good, with most business feeling the City is a great place to work and/or live and planned to
keep their business here.Most said contact with City was positive feel City employees were responsive, helpfu4 fast,
and knowledgeable.
• Traffic congestion and taxes ranked highest as serious issues facing business.
• Retaining existing business and building more roads should be the main focus of City economic development
activities Mostgave the business climate a grade of"A"or"B."However,almost half said the City could be
friendlier to business by lowering taxes, being more supportive,flexible,and responsive to business needs.
The following are some of the recommendations to emerge from the last survey:
• Continue to monitor business climate through surveys every two or three years using the 2002 results as a baseline.
• Continue to lobby for more highways funding and try to get the business community more engaged in efforts to
promote road projects that benefit Eden Prairie.
• Continue to focus on maintaining a high quality of life in Eden Prairie. Quality of life indicators include:park and
recreational services(both public and private), restaurants, retail and general service opportunities,quality schools
and educational opportunities,
pp mhes, and a variety of housing choices.
• Change any negative perceptions through positive communications.Focus on the value of taxes and services in
Eden Prairie and what the City is doing to create a positive climate for business and get the word out.Examples:
Good fiscal management(AAA rating), meet and greet program, surveys, new business packets.
Attachments:
Contract
Marketline Proposal
MarketLine Research, Inc.
research to help you make 6etter decisions
1313 5th Street SE
Minneapolis,MN 55414
Telephone: 612.767.2584
Facsimile: 612.767.2581
E-mail: jschamber@mktline.com
August 3,2005
Dave Lindahl,Economic Development Manager
City of Eden Prairie
RE: Market Research Estimate-Eden Prairie 2005 Business Survey-Telephone Study
Thank you for this opportunity. The cost estimate to conduct a second wave of your business survey is as follows:
Study Parameters:
• MLR participate in two planning meetings
• 400 interviews completed with a random sample of Eden Prairie businesses
• 20 minute interview length
• review questionnaire from the 2002 survey possible updates to address current issues,
but allow for appropriate comparisons to 2002
• calling sample with telephone numbers to be provided by City of Eden Prairie
• MLR analyze results and provide written summary of key findings
• MLR make two presentations of findings
Total cost estimate:
400 completed interviews,analysis,written report,two presentations $18,000
The cost estimate for this study includes:
• review and modification of questionnaire
• set up,coordination and management of the calling sample
• interviewer project training and interviewing hours with monitored supervision
• computer set up of questionnaire for telephone interviewing(CATI system),
project administration and preparation for tabulation of results
• direct entry of open-ended responses while the interview is in progress
• verbatim responses checked for spelling and readability-not changing of content or grammar
• manual coding and tabulation of open-ended responses for data tables
• printed output of verbatim responses organized by question or selected responses or open-ended codes
• computer generated detailed tabulation of results
• selected cross tabulations to help analyze the data and clarify research findings
• MLR conduct appropriate statistical analysis
• printed copy of data tables for each question
• electronic file of data tables
• respondent level data in ASCII text file with File Layout,if requested
• SPSS Syntax(*.sps)and Data Files,if requested
• regular updates on study and selected questions with MLR Progress Monitor
Project invoiced after completion of each of the following tasks:
Task 1: Finalization of questionnaire $1,500
Task 2 Fieldwork completed $14,000
Task 3 Presentations completed and final report delivered $2,500
Sincerely,
John Schamber
CARDCab\PL\Temp\Attach 1-Marketline(proposal).doc
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 26"' day of August, 2005, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Marketi-ine Research, Inc, (hereinafter "Consultant") whose business
address is 1313 Fifth St. SE Minneapolis, MN 55414.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement
is to set forth the terms and conditions for the provision of professional services by Consultant to
conduct a survey for the City hereinafter referred to as the"Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit"A" in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described
in Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant for the services as
described in Exhibit B.
A. Any changes in the scope of the work which may result in the compensation due
the Consultant shall require prior written approval by an authorized representative
of the City or by the CityCouncil. The City will not a additional compensation for
tY pay P
services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. City agrees to pay Consultant for extra services by the Consultant or Special
Consultants when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the
Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration
to all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. Intentionally Omitted.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized
bills for professional services performed under Section 1, Exhibit A and Section 3, Exhibit B
of this Agreement. Bills submitted shall be paid in the same manner as other claims made
to the Cit
y.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statement
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391.
B. Abandoned or Suspended Work. If any work performed by the Consultant is
abandoned or suspended in whole or in part by the City, the Consultant shall be
paid for that percentage of the amount attributed to each Project Task which is
performed prior to receipt of written notice from the City of such abandonment or
suspension, all as shown on Exhibit B attached hereto and incorporated herein by
reference.
7. Project Manager and Staffing. The Consultant has designated John Schamber and Dave
Bender to serve on the Project. They shall be assisted by other staff members as
necessary to facilitate the completion of the Project in accordance with the terms
established herein. Consultant may not remove or replace John Schamber or Dave
Bender,from the Project without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance
with the standard of care in Hennepin County, Minnesota for professional services of the
like kind.
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Consultant under this Agreement which the City requests to
be kept confidential shall not be made available to any individual or organization without the
City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Consultant shall
become the property of the City upon termination of this Agreement, but Consultant may
retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from September 1, 2005 through, November 9,
2005 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days'written
notice delivered to the other party at the address written above. Upon termination under
this provision if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because of the Consultant has failed to perform in
accordance with this Agreement, no further payment shall be made to the Consultant, and
the City may retain another contractor to undertake or complete the work identified in
Paragraph 1. If as a result, the City incurs total costs for the work (including payments to
both the present contractor and a future contractor) which exceed a maximum Agreement
amount, if any, specified under Exhibit B, then the Consultant shall be responsible for the
difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within the ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for which
the Consultant has received payment by the City, the Consultant shall pay interest to the
subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a
month. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided. The Consultant and City, together with their
respective agents and employees, agree to abide by the provisions of the Minnesota Data
Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules
promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
21. Indemniffication. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, resulting directly or indirectly from a
negligent act or omission (including without limitation professional errors or omissions) of
the Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said
Consultant fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $2,000,000 for each person,
and each occurrence, for both personal injury and property damage. This policy
shall name the City as an additional insured for the services provided under this
Agreement and shall provide that the Consultant's coverage shall be the primary
coverage in the event of a loss. The policy shall also insure the indemnification
obligation contained in Paragraph No. 21.
B. _Worker's Compensation. The Consultant shall secure and maintain such insurance
as will protect Consultant from claims under the Worker's Compensation Acts and
from claims for bodily injury, death, or property damage which may arise from the
performance of Consultant's services under this Agreement.
C. Professional Liability Insurance. Not Required
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions, for three years after final payments
and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Reuse of the Information for the
purposes of the project contemplated by this Agreement ('Project') does not relieve any
liability on the part of the Consultant, but any reuse of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
reusing the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or
related to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
27. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
28. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
29. Counterparts. This Agreement may be executed in multiple counterparts each of which
shall be considered an original.
30. Whole Agreement. This Agreement constitutes the final and complete agreement of
the parties and shall supersede and replace any prior oral or written agreements
between City and Consultant. Any subsequent modifications must be in writing signed
by both parties.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
MarketLine Research, Inc
By:
Its:
EXHIBIT A
MarketLine Research, Inc.
research to help you make 6etter decisions
1313 5th Street SE
Minneapolis,MN 55414
Telephone: 612.767.2584
Facsimile: 612.767.2581
E-mail: jschamber@mktline.com
August 3, 2005
Dave Lindahl,Economic Development Manager
City of Eden Prairie
RE: Market Research Estimate-Eden Prairie 2005 Business Survey-Telephone Study
Thank you for this opportunity. The cost estimate to conduct a second wave of your business
survey is as follows:
Study Parameters:
• MLR participate in two planning meetings
• 400 interviews completed with a random sample of Eden Prairie businesses
• 20 minute interview length
• review questionnaire from the 2002 survey possible updates to address current issues,
but allow for appropriate comparisons to 2002
* ealling sample with telephone numbers to be provided by City of Eden Pfaifie
• MLR analyze results and provide written summary of key findings
• MLR make two presentations of findings
Total cost estimate:
400 completed interviews, analysis,written report,two presentations $18,000
The cost estimate for this study includes:
• review and modification of questionnaire
• set up, coordination and management of the calling sample
• interviewer project training and interviewing hours with monitored supervision
• computer set up of questionnaire for telephone interviewing (CATI system),
project administration and preparation for tabulation of results
• direct entry of open-ended responses while the interview is in progress
• verbatim responses checked for spelling and readability- not changing of content or
grammar
• manual coding and tabulation of open-ended responses for data tables
• printed output of verbatim responses organized by question or selected responses or open-
ended codes
• computer generated detailed tabulation of results
• selected cross tabulations to help analyze the data and clarify research findings
• MLR conduct appropriate statistical analysis
• printed copy of data tables for each question
• electronic file of data tables
• respondent level data in ASCII text file with File Layout, if requested
• SPSS Syntax(*.sps) and Data Files, if requested
• regular updates on study and selected questions with MLR Progress Monitor
Project invoiced after completion of each of the following tasks:
Task 1:Finalization of questionnaire $1,500
Task 2 Fieldwork completed $14,000
Task 3 Presentations completed and final report delivered$2,500
Sincerely,
John Schamber
EXHIBIT B
Consultant's Compensation
Consultant's total compensation for its services shall be a total of $18,000.00 set forth as
follows:
Project invoiced after completion of each of the following tasks:
Task 1:17inalization of questionnaire $1,500
Task 2 Fieldwork completed $14,000
Task 3 Presentations completed and final report delivered $2,500
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. M.
Robert A. Lambert, Director Crestwood Park Wetland Mitigation
Parks and Recreation
Requested Action
Move to: Request staff to initiate the process necessary for revising the wetland permit
application for mitigation of wetlands at Crestwood Park in order to relocate the
wetland.
Synopsis
At the August 29 meeting,the Parks,Recreation and Natural Resources Commission discussed
the condition of the wetland immediately west of the parking lot in Crestwood Park. The
commission members expressed concern over the fact that the wetland does not fully function as
a wetland as planned, is an eyesore to the public and takes up valuable park land that is needed in
that park for passive recreation. The Commission has recommended the City Council direct staff
to revise the wetland permit application for mitigation of wetlands on that site to relocate the
wetland to a site that will function as a wetland.
The rationale for the request is as follows:
1. The site is not fully functioning as a wetland. The majority of the vegetation is non-
wetland plants, much of which are undesirable weedy species such as ragweed.
2. The City has mowed the area twice in an attempt to give the native wetland plant species
seeded in this area an opportunity to establish themselves to no avail.
3. The site is an eyesore and most residents attribute the condition of the park to"poor
maintenance on the City's part"and are upset that the City allows weeds to grow to those
heights without any management.
4. Crestwood Park is unlike any other neighborhood park. It does not provide any shady,
passive areas. The area designated as wetland mitigation should be relocated to a site that
can be productive and replaced with a passive recreation area,with a mowed turf area and
a variety of shade trees.
Background
In 1992 the City acquired the 11.6 acre parcel located west of Dell Road and south of County
Road 1. The parcel had been farmed since the late 1800's and at that time contained no trees or
visible wetlands. The City did not continue agricultural use on the site, but allowed it to revert to
natural grasses, weeds, etc. and simply mowed the property once or twice a year.
Crestwood Park Wetland Mitigation
September 6, 2005
Page 2
Approximately eight years later,when the City decided to develop this site it was determined
that there were wetlands present on site. After determining the exact amount of wetland area, the
City was required to revise the site plan to mitigate the wetlands filled for development of the
site.At this time, the wetland mitigation areas are not fully supporting wetland conditions. The
Watershed District had recommended that the City consider trying to raise the outlets so that
more water would be allowed pool within the wetlands before flowing out. However, the
mitigation area on the southern end of the park is close to the playground in elevation and this
may potentially flood a portion of the playground during high water conditions. The wetland
mitigation area north of the front entry is in an area that would allow raising of the water level to
try encouraging better wetland conditions.
There is a considerable amount of ragweed, thistle and other undesirable plant species within the
"wetland"areas. City staff support renewed efforts to develop a wetland north of the front entry;
however, staff is recommending relocating the approximate 14,000 square feet of wetland west
of the entry parking lot adjacent to the playground. Staff believe that use of this portion of the
park for"parkland use" is critical to the long term success of this site as a neighborhood park.
Attachment
Crestwood Park Map showing wetland area
Crestwood Park - 9780 Dell Road
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V111.N.
Robert A.Lambert, Director Policy for Guidelines for Responsibility for
Parks and Recreation Fallen Trees on Adjoining Landowners' Property
Requested Action
Move to: Approve the guidelines regarding responsibility for fallen trees on adjoining land
owners property.
Synopsis
The attached policy is recommended by the City Attorney after reviewing state law regarding the
responsibility for clean up of trees that have fallen due to wind or other natural causes.
The Parks, Recreation and Natural Resources Commission recommends the City Council
approve this policy in order to be consistent with the homeowner's insurance policies that are in
affect and with state law.
Background
Earlier this year after a particularly heavy wind storm the City received a call from a property
owner who requested the City clean up a tree that had fallen on City property. The tree had
originally been in the person's backyard approximately ten feet from City property, but had
fallen onto City property. The person requested the City to clean up the tree as it was an eyesore.
Within an hour after that first phone call, the City received another phone call from a property
owner who indicated that a tree that was on City property had fallen onto their property had
damaged a fence and they wanted the City to clean up the tree and repair the fence.
Clearly the City was responsible for one of these trees, but not both of these trees;therefore, staff
requested the City Attorney's opinion(in the past the City had always assumed the responsibility
for any trees on City property that had fallen onto private property).
Our City Attorney indicated that the law requires the City to clean up any tree that has fallen on
to our own property, and like wise any City tree that falls onto a private property is the
responsibility of the private property owner at his property line.
The only time this changes is if a property owner has notified the City that it is their belief that a
City tree is in danger of falling onto their property and appears to be in poor health, diseased or
damaged and the City (or private contractor) inspects the tree and agrees to the condition, and the
City does not remove the tree,then the City would be responsible(and vice versa).
Attachment
Policy — Guidelines Regarding Responsibility for Fallen Trees on Adjoining Landowners'
Property
POLICY
GUIDELINES REGARDING RESPONSIBILITY FOR FALLEN TREES ON
ADJOINING LANDOWNERS'PROPERTY
The following policy establishes guidelines for the allocation of responsibility and costs
regarding clean-up and removal of trees that have fallen from City owned property onto
adjoining property and trees that have fallen from other property onto City owned property.
Such guidelines were initially approved by the City Council on ,2005.
PURPOSE AND INTENT:
The purpose of this policy which establishes guidelines for the allocation of responsibility and
cost regarding clean-up and removal of trees that have fallen onto City property ownedor from
City owned property onto adjacent landowner s property in the City of Eden Prairie is to provide
for the health, safety and welfare of the public.
Pursuant to this policy responsibility for the cost of clean-up, removal and damage caused by a
fallen tree is the obligation of the owner of the property from which the tree fell (hereinafter
referred to as the "owner of the tree") if the tree was diseased or damaged in any way that was a
contributing factor in the falling of the tree and if owner of the tree knew or should have known
of the diseased or damaged condition. In all other situations the owner of the property on which
the tree fell is responsible for cleanup,removal and other damage caused by the fallen tree.
P:1Home1EPTARKST0LICY REGARDING FALLEN TREES-062905.doc
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIIL O.
Office of City Manager Letter of Support for HSSC Grant
A lication
Requested Action
Move to approve letter of support for HSSC proposal to Hennepin County for 2006 funding in the
Regional Planning Grant.
Synopsis
Hennepin County has requested a letter from each of HSSC's partner cities to be included in their
proposal for 2006 funding in the Regional Planning Grant.
Attachment
Letter of Support
OFFICE OF THE MAYOR I September 6,2005
To Whom It May Concern:
This letter is in support of the proposal Hennepin South Services Collaborative(HSSC)is
submitting to Hennepin County for the Regional Planning Grant in 2006. The research
and planning done by the collaborative has assisted Eden Prairie in identifying the needs
and gaps in services,coordinating existing services in our area and developing potential
resources available to our community.
Our city is a partner in this collaborative and our relationship with HSSC is beneficial
starting with the joint biannual strategic planning process to identify and address
emerging issues in southern Hennepin County. Our staff participates on the
Collaborative Advisory Team to ensure that communication,accountability and
coordination of the work plan is accomplished for our community as well as the South
Hennepin region. The coordination team efforts in south Hennepin help our community
to be more effective in identifying the gaps and meeting the needs of our clients.
At the May 11,2005,HSSC Board meeting,the Eden Prairie City Manager,Scott Neal,
pledged the City of Eden Prairie to participation in research and planning efforts of HSSC
in 2006.The City of Eden Prairie has committed$23,727 to HSSC for use of regional
research and planning in the calendar year 2006.
Hennepin South Services Collaborative has a strong reputation for providing research,
planning and coordination of human services within the region. We encourage
Hennepin County to fund this proposal.
Sincerely,
Nancy Tyra-Lukens
Mayor
cc: Commissioner Randy Johnson
Commission Linda Koblick
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. P.
Stuart A. Fox, Manager Award Bid for Round Lake Park Trail
Parks and Natural Resources Reconstruction
Requested Action
Move to: Award the bid for reconstruction of the Round Lake Park trails to Midwest Asphalt
Corporation in the amount$82,423.
Synopsis
City staff advertised for the reconstruction of the loop trail around Round Lake Park, as well as
the interconnections to the various neighborhoods from this trail loop. Plans and specifications
were prepared and the City received two bids from contractors. The work is based on replacing
the existing eight foot wide loop trail with a ten foot wide bituminous trail. In addition, all of the
adjacent trail connections will receive a bituminous overlay.
Background
The 2005 budget earmarked $200,000 for the reconstruction of the trail system at Round Lake in
the Capital Improvement Plan. The project was advertised and specifications were sent out to
prospective bidders and two bids were received.The summary of the bids submitted is as
follows:
Midwest Asphalt Corporation $82,423.00
WM Mueller& Sons, Inc. $88,299.60
Each of the submitters met the guidelines as detailed in the bid specifications and staff
recommends the bid be awarded to Midwest Asphalt Corporation.
The primary reason the bids are considerably lower than the budgeted amount is that the City
park workers will be doing a considerable amount of pre-work and restoration work on this
project. It is anticipated that the expenditures for supplies and materials will be around$40,000.
However, by doing the work in-house,this has lowered the overall contracted cost for the project
and also ensured better quality control related to the protection of trees and restoration of the trail
system following the paving process.
Staff anticipates beginning the project in September and the restoration of the trails should be
completed by the end of November.
Award Bid for Round Lake Park Trail Reconstruction
September 6, 2005
Page 2
Recommendation
The Parks, Recreation and Natural Resources Commission reviewed the loop trail reconstruction
bids at their August 29, 2005 meeting. They voted 8-0 to recommend that the City Council award
the bid to Midwest Asphalt.
Attachment
Map of Round Lake Park Area (with inset of street map around Round Lake Park)
Iv
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CITY COUNCIL AGENDA DATE: September 6, 2005
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. Q.
Paul Sticha, Office of the City Award contract for Infrared Surveys at
Manager,Facilities various City Buildings
Requested Action
Move to: Award contract to Infrared Consulting Services to perform roof moisture surveys and
electrical/mechanical surveys
Synopsis
Annual Cost: Roof Elect/Mech
City Hall $1750 $ 625
Station 1 $ 930 $ 275
Station 2 $N/A $ 225
Station 3 $ 870 $ 225
Bldg 51 $ N/A $ 225
Den Road $ 1115 $ 425
Water Plant $ 1950 $ 625
Utilities Gar $ 870 $ 225
Maint Facil $ 1520 $ 425
Comm Center $ 1665 $ 425
Senior Center $ 870 $ 275
$11,540 $3975
Services provided include an infrared roof moisture survey, visual inspection and evaluation of
the roof membrane and recommendations for repair and preventive maintenance. (Station 2 and
Building 51 have standing seam metal roofs, for which infrared testing is less effective.)
Services also include an electrical/mechanical systems survey of the building electrical panels,
switchgear,motors and other building equipment,Evaluation of this equipment and
recommendations for repair and preventive maintenance.
INFRARED SURVEY SERVICE AGREEMENT
a
THIS AGREEMENT is made as of this 26t' day of August, 2005, by and '
between Infrared Consulting Services, Inc., ("Contractor"), a Minnesota
corporation with its principal office located at 5228 Knox Ave. S.,
Minneapolis, MN 55419 and the City of Eden Prairie, ("City") with its principal
office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433.
RECITALS: OFC 952 949 8300
FAX 952 949 8390
A. City is the owner of multiple buildings and land located in Eden Prairie, TDD 952 949 8399
Minnesota. 8080 Mitchell Rd
Eden Prairie,MN
C. City desires to engage Contractor to perform infrared moisture surveys, 55344-4485
visual inspections and evaluations, and infrared electrical - mechanical f17B-g
systems surveys at 11 buildings owned by the City.
D. Contractor desires to provide the services specified above and as the same
are more fully set forth in their proposal dated July 5, 2005.
WITNESSETH:
In consideration of the mutual promises of each to the other, City hereby
authorizes Contractor, and Contractor here agrees, to provide infrared consulting
services at the Buildings upon the following terms and conditions:
1 . Effective Date and Term of A reement.
This Agreement shall become effective as of August 26, 2005 and shall continue
for one (1) year thereafter, and automatically from year to year after expiration of
said one year period except that this Agreement may be terminated as provided
herein.
2. Services to be Provided by and Obligations of Contractor.
Contractor shall provide the following services and perform, and conform to, the
following obligations:
a. Provide an infrared roof moisture survey and report.
b. Provide visual inspection and evaluation of roof condition.
c. Provide an infrared electrical - mechanical systems survey and report.
i
I
I
I
I
3. City's Obligations.
City will do or provide to Contractor the following:
a. Roof access at night and during the day (provide escort as necessary).
b. Provide building engineer or electrician for the electrical-mechanical surveys.
4. Monthly Accounting and Payment.
a. Contractor shall prepare and submit to City, by the 15" of the month,
a Services Operations statement (invoice) setting forth work performed for the
preceding month.
b. Payment shall be made by the City within 45 days of submission of
the Services Operations statement, provided the City has not contested any item
on the statement. Payment of contested items may be withheld until resolution
satisfactory to both parties subject to the Dispute Resolution provisions of Section
17 hereof.
C. No fuel surcharges or surcharges of any kind will be accepted nor will
they be paid.
5. Insurance.
Contractor shall provide the following insurance:
a. General Liability
Aggregate $ 2,000,000
Products and/or Completed Operations Aggregate $ 2,000,000
Personal Injury $ 1,000,000
Each Occurrence $ 1,000,000
b. Umbrella Liability $1,000,000
C. Worker's Compensation Statutory
d. Comprehensive Loss insuring loss and damage of and to the
Contractor equipment in an amount at least equal to the reasonable value of the
Contractor equipment.
2
c
6. Indemnification.
Contractor will indemnify City and hold it harmless from and against all judgments,
claims, damages, costs and expenses, including a reasonable amount as and for its
attorney's fees paid, incurred or for which it may be liable resulting from any
breach of this Agreement by Contractor or any negligent or intentional act or
omission performed, taken or not performed or taken by Contractor, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Contractor harmless from and against any loss for injuries or damages arising out
of the negligent acts of the City, its agents or employees.
7. Termination.
Either party may terminate this Agreement at any time by giving notice of its
intention to do so, to the other, as provided herein, at least thirty (30) days prior to
the intended date of termination.
This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so.
The notified party shall have five (5) days from the date of such notice to cure the
breach or non-performance. Upon failure of the notified party to do so, this
Agreement shall automatically terminate.
Upon the termination of this Agreement, whether by expiration of the original or
any extended term or terms hereof, or for any other reason, Contractor shall have
the right, within a reasonable time after such termination to remove from City's
premises any and all of Contractor's equipment and other property. Except for
liability resulting from acts or omissions of a party, arising, taken or omitted prior
to such termination, including, but not limited to, those described in Section 6 of
this Agreement (prior liability), the rights and obligations of each party resulting
from this Agreement shall cease upon such termination. Any prior liability of a
party shall survive termination of this Agreement.
3
8. Notices.
Any notice required or permitted to be given by any party upon the other is given
in accordance with this Agreement if it is in writing, and if it is directed to
Contractor, by delivering it personally to Chuck Martin of Infrared Consulting
Services, Inc.; or, if it is directed to City, by delivering it personally to the Facilities
Manager, or, if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy
followed by mailed notice as above required; or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed as follows:
If to City: Paul Sticha, Facilities Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
If to Contractor: Chuck Martin
Infrared Consulting Services, Inc.
5228 Knox Ave. S.
Minneapolis, MN 55419
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit, that
the time for response to any notice by the other party shall commence to run one
business day after any such deposit. Any party may change its address for the
service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
9. Independent Contractor.
Contractor is an independent contractor engaged by City to perform the services
described herein and as such (i) shall employ such persons as it shall deem
necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City.
10. Assignment.
Contractor shall not assign this Agreement, or engage a subcontractor for its
performance, in whole or in part, without the prior written consent of City, except
that Contractor, without prior approval and without exoneration of any
responsibilities, may assign this Agreement to a wholly-owned subsidiary.
4
11 . Data Practices Act.
Contractor shall at all times abide by the Minnesota Government Data Practices
Act, Minn. Stat. Section 1301, et seq., to the extent that the Act is applicable to
data and documents in the hands of Contractor.
12. Audits.
The books, records, documents, and accounting procedures and practices of the
Contractor or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six
years after the effective date of this contract.
13. Worker's Compensation.
Contractor represents and warrants that it has and will maintain during the
performance of this agreement worker's compensation insurance coverage required
pursuant to Minn. Stat. 1 176.181, Subd. 2 and that the certificate of insurance or
the written order of the Commissioner of Commerce permitting self insurance of
worker's compensation insurance coverage provided to the City prior to execution
of this agreement is current and in force and effect.
14. Discrimination.
In performance of this contract, Contractor shall not discriminate on the grounds of
or because of race, color, creed, religion, national origin, sex, marital status, status
with regards to public assistance, disability, sexual orientation, or age against any
employee of the Contractor, any subcontractor of the Contractor, or any applicant
for employment. Contractor shall include a similar provision in all contracts with
subcontractors to this contract. Contractor further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minn. Stat. ' 363.01, et seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of
1990.
15. Conflicts.
No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the contract void. Any
federal regulations and applicable state statutes shall not be violated.
5
16. General Agreements of Contractor and City.
i
a. Contractor agrees not to hire any employee or former employee of
City and City agrees not to hire any employee or former employee of Contractor
prior to termination of this Agreement and for one (1) year thereafter, without prior
written consent of the former employer in each case.
b. Neither party shall be liable for any breach of the Agreement caused
by fires, floods, wars, riots, strikes, or other events or acts beyond the control of
the party or parties affected thereby.
C. In the event of dissolution, termination of existence, insolvency,
appointment of a receiver, assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency law, or the
service of any warrant, attachment, levy or similar process involving Contractor,
City may, at its option in addition to any other remedy to which City may be
entitled, immediately terminate this Agreement by notice to Contractor, in which
event, this Agreement shall terminate on the notice becoming effective.
d. Contractor's books and records pertaining to its gross catering sales
shall be available during normal business hours for audit by City at City's expense
at Contractor's principal offices for a period of one (1) year from and after the
monthly period to which such books and records relate.
e. In the event of a breach of this Agreement by the City, Contractor
shall not be entitled to recover punitive, special or consequential damages or
damages for loss of business.
f. Contractor and its employees will park in service areas or lots and use
entries and exits as designated by City. Contractor's personnel will contact the
appropriate person (i.e. receptionist, maintenance personnel, security, etc,)
immediately upon entering the building, and will sign in and out if required by City.
g. Care, coordination and communication by Contractor is imperative so
that guests and employees in the buildings are not disturbed or inconvenienced
during the performance of the contracted services.
h. Contractor's personnel must be neat appearing and wear a uniform
and badge that clearly identifies them as a service contractor and abide by City's
no smoking policies.
i. Contractor must honor the City's request to reassign an employee for
cause. Cause may include performance below acceptable standards or failure to
present the necessary image or attitude, in the judgment of the owner, to present
a first class operation.
6
j. When necessary, Contractor's personnel will be provided with keys or
access cards in order to perform their work. Any lost keys or cards that result in
rekeying a space or other cost to the City will be billed back to the Contractor.
k. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in
connection with the enforcement by the City during the term of this Agreement or
thereafter of any of the rights or remedies of the City under this Agreement
17. Dispute Resolution.
a. Mediation. Each dispute, claim or controversy arising from or related
to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or
legal or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time
is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
b. Arbitration. Subject to the requirement for mediation stated above, all
disputes, claims or controversies arising from or relating to this Service Agreement
shall be resolved by binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association then in effect as a
condition precedent to initiating legal or equitable actions by either party. A
demand for arbitration shall be filed in writing with the other party to this
Agreement and the American Arbitration Association. No arbitration award shall
include exemplary or punitive damages. The authority of the arbitrator shall be
limited to deciding matters pertaining to or arising out of the performance of
obligations required by the Service Agreement of either party. In so doing, the
arbitrator shall apply the principles of law of the State of Minnesota.
7
18. Agreement Supersedes Other Agreements.
This Agreement supersedes and supplants all previous agreements and
understandings, whether oral or written, between the parties.
CITY OF EDEN PRAIRIE
Date: By:
Nancy Tyra-Lukens
Its: Mayor
Date: By:
Scott Neal
Its: City Manager
CONTRACTOR
Date: 8'3 o By:
Its:
Date: By:
Its:
EP/Admin/Form Service Agreement.102504
8
Ics
INFRARED CONSULTING SERVICES INC.
5228 KNOX AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55419 (612) 925-4404 FAX(612) 920-2896
e-mail: irtest@visi.com website: www.irtest.com
July 5, 2005
Mr. Paul Sticha
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4488
Dear Paul:
As per our telephone conversation, we wish to give you the following proposal:
Infrared Consulting Services, Inc. will provide an Infrared Roof Moisture Survey,
Visual Inspection and Evaluation and an Infrared Electrical-Mechanical Systems
Survey at the buildings listed below for the listed fee:
Roof Area Floor Area EM Survey Roof Survey
Building (Sg. Ft.) (SQ. Ft.) Cost Cost
City Center 115,000 230,000 $625.00 $1,750.00
Water Plant 100,000 222,000 $625.00 $1,950.00
Utilities Garage 9,534 9,534 $225.00 $ 870.00
Maint. Facility 88,000 88,000 $425.00 $1,520.00
Fire Station 1 20,000 20,000 $275.00 $ 930.00
Fire Station 2 9,000 9,000 $225.00
Fire Station 3 9,000 9,000 $225.00 $ 870.00
Building 51 8,800 8,800 $225.00
Municipal 38,000 38,000 $425.00 $1,115.00
Liquor 2
Community 100,000 100,000 $425.00 $1,665.00
Center
Service Center 84,000 16,800 $275.00 $ 870.00
The city of Eden Prairie agrees to provide roof access at night and during the day
and an electrician for the Electrical-Mechanical Systems Surveys.
If you have any questions or require further information, please call.
INFRARED CONSULTING SERVICES, INC.
Chuck Martin
CM:Iorn
NATIONWIDE CONSULTING SERVICES
CITY COUNCIL AGENDA DATE: September 6, 2005
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. R.
Paul Sticha, Office of the City Award Contract for interior Plant
Manager, Facilities Maintenance at City Hall
Requested Action
Move to: Award contract to Decorative Designs, Inc. for interior plant maintenance at City Hall.
Synopsis
Annual cost:
City Hall Common Area $7662
Garden Room and Atrium Area $7431
City Hall Administrative and Public Areas $2466
Background Information
Services provided include amending soil in the interior flower beds, top dressing with mulch,
weekly watering and trimming, and replacing older plants. In the public areas, services also
include fresh live plants monthly.
City of Eden Prairie- Garden Room $619 . 25 per month plus tax / ep m
ESIGNS b3 . °�[ Mo-
CECORATIVE
INC.
Interior Landscaping • Products & Services
301 West 92nd Street•Minneapolis,MN 55420•(952)881-3389•Fax(952)881-5161
PLANT MAINTENANCE AGREEMENT
Horticultural services shall consist of a weekly program for maintaining the health and appearance of the installed planting(s).The
program shall be carried out by trained horticultural technician(s).
Weekly service procedure and functions shall be as follows:
1. Notification of client(authorized agent)of horticultural technician's presence at the project.
2. Inspection for soil moisture levels and replenishment as necessary;and
3. Inspection for soil and foliar insect pests,diseases,and other such infestations;and
4. Trimming and cleaning of all foliage,removal of debris from soil surface;and
5. Rotation of plants,as possible, relative to any predominant light source in order to maintain attractive shape;and
6. Maintenance of proper growing medium nutrient levels;and
7. Cleaning of any planters, as necessary.
PLANT REPLACEMENT GUARANTEE
During all phases of our work under this agreement,Decorative Designs Inc.shall replace at our sole expense any plant(s)which
deteriorates in health so as to become of a lesser specification and/or grade from that which was originally installed.
Either the client or Decorative Designs Inc.may make the decision to replace.However,upon request from the client,Decorative
Designs Inc. shall perform any such replacement(s)within 7 working days.
All plant replacements shall be made with the same species,size and grade plant(s)as was in place at the beginning of the service
period;or,with another plant of comparable value which is acceptable to the client.
Design changes and labor resulting thereof shall be billed to the client.
WAIVER OF CONTRACTOR'S REPLACEMENT GUARANTEE
In the event of any of the below listed situations, the client shall release Decorative Designs Inc. from this plant replacement
guarantee;and any resulting plant replacements shall be made at additional cost to the client.
1. The occurrence of significant changes in plant location(s)without Decorative Designs Inc.consent;or
2. The occurrence of vandalism or theft;or
3. The prolonged absence of hot and cold running water at the project premises;or
4. The occurrence of temperature or humidity extremes;or
5. Lack of access to the project premises;or
6. Watering or other well-meaning care by any client employees;or
7. Accidental or malicious damage by employees,cleaning crews or other personnel to either plants or containers;or
8. Lowering of lighting levels below those which were originally specified as a basis for plant specification,or below those existing
at the time of the initial quotation for the maintenance contract.(A measured level of 65 footcandles at desk height for 10 hours
per day is considered an absolute lowest limit for most plants);or
9. Introduction of any liquids into the plant's soil such as cleaning chemicals,alcohol or surgery fluids,or the use of toxic gases such
as strong ammonia from floor cleaning and stripping;or
10. The occurrence of other situations or Acts of God which are detrimental to plant survival and beyond the control of Decorative
Designs Inc.
TERMS
Cost for horticultural services shall be billed monthly in advance,unless quarterly or yearly billing has been agreed upon.Payments
shall be rendered promptly by client in advance of each specified period.
CONDITIONS
Minimum service period is for two years;client may then terminate on a 90 day written notice.The service is otherwise continuous,and
the contract is automatically renewed for an additional two years at the end of the initial two year period and each subsequent two year
period.Upon cancellation a removal fee based on an hourly labor charge will be billed to the client.An additional service charge may
be applied if the horticultural technician is denied access upon the weekly service call.
In case of client's dissatisfaction with the horticultural services provided,client shall notify Decorative Designs Inc.'s supervisory
personnel immediately by telephone and in writing.Decorative Designs Inc.then shall attempt to correct and solve any complaint by
the client.
This contract will not be affected by new ownership,change of management or change of location.
GUARANTEE
Decorative Designs Inc.warrants that our stock is true to name and as described within recognized F.N.G.A.(Florida Nursery
Growers Association)tolerances.
SIGNATURE DATE
COMPANY NAME
INTERIOR LANDSCAPING SERVICE AGREEMENT
Ez
THIS AGRE
EMENT
NT is made as f o this 1" day Y of January, 2005 Y
b and
between Decorative Designs, Inc., ("Contractor"), a Minnesota corporation '
with its principal office located at 301 West 92n1 Street, Bloomington, MN
5542
11 1
0, and City of Eden Prairie, ( City ) with its principal office located at �
8080 Mitchell Road, Eden Prairie, Minnesota 55344.
RECITALS: QFC 952 949 8300
FAX 952 949 8390
A. City is the owner of a building known as the City Hall ("Building") and TO 952 949 8399
land located at 8080 Mitchell Road, Eden Prairie, Minnesota. 8080 Mitchell Rd
Eden Prairie,MN
C. City desires to engage Contractor to provide weekly interior horticultural 55344-4485
services to maintain the health and appearance of the installed plantings. ed "&°'g
D. Contractor desires to provide the services specified above and as the same
are more fully set forth in the contractor's Plant Maintenance Agreement attached.
WITNESSETH:
In consideration of the mutual promises of each to the other, City hereby
authorizes Contractor, and Contractor here agrees, to provide weekly interior
horticultural services at the Building upon the following terms and conditions:
1 . Effective Date and Term of Agreement
This Agreement shall become effective as of January 1, 2005 and shall continue
for one (1) year thereafter, and automatically from year to year after expiration of
said one year period except that this Agreement may be terminated as provided
herein.
2. Services to be Provided by and Obligations of Contractor.
Contractor shall provide the following services and perform, and conform to, the
following obligations:
a. Notification of client (authorized agent) of horticultural technician's
presence at the project.
b. Inspection for soil moisture levels and replenishment as necessary; and
c. Inspection for soil and foliar insect pests, diseases, and other such
infestations; and
d. Trimming and cleaning of all foliage, removal of debris from soil surface;
and
e. Rotation of plans, as possible, relative to any predominant light source in
order to maintain attractive shape; and
f. Maintenance of proper growing medium nutrient levels; and
g. Cleaning of any planters, as necessary.
3. City's Obligations.
City will do or provide to Contractor the following:
a. Access to the plant materials
b. Source of water
4. Monthly Accounting and Payment.
a. Contractor shall prepare and submit to City, by the 15"' of the month,
a Services Operations statement (invoice) setting forth work performed for the
preceding month.
b. Payment shall be made by the City within 45 days of submission of
the Services Operations statement, provided the City has not contested any item
on the statement. Payment of contested items may be withheld until resolution
satisfactory to both parties subject to the Dispute Resolution provisions of Section
17 hereof.
C. No fuel surcharges or surcharges of any kind will be accepted nor will
they be paid.
5. Insurance.
Contractor shall provide the following insurance:
a. General Liability
Aggregate $ 2,000,000
Products and/or Completed Operations Aggregate $ 2,000,000
Personal Injury $ 1,000,000
Each Occurrence $ 1,000,000
b. Umbrella Liability $1,000,000
C. Worker's Compensation Statutory
d. Comprehensive Loss insuring loss and damage of and to the
Contractor equipment in an amount at least equal to the reasonable value of the
Contractor equipment.
2
6. Indemnification.
Contractor will indemnify City and hold it harmless from and against all judgments,
claims, damages, costs and expenses, including a reasonable amount as and for its
attorney's fees paid, incurred or for which it may be liable resulting from any
breach of this Agreement by Contractor or any negligent or intentional act or
omission performed, taken or not performed or taken by Contractor, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Contractor harmless from and against any loss for injuries or damages arising out
of the negligent acts of the City, its agents or employees.
7. Termination.
Either party may terminate this Agreement at any time by giving notice of its
intention to do so, to the other, as provided herein, at least thirty (30) days prior to
the intended date of termination.
This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so.
The notified party shall have five (5) days from the date of such notice to cure the
breach or non-performance. Upon failure of the notified party to do so, this
Agreement shall automatically terminate.
Upon the termination of this Agreement, whether by expiration of the original or
any extended term or terms hereof, or for any other reason, Contractor shall have
the right, within a reasonable time after such termination to remove from City's
premises any and all of Contractor's equipment and other property. Except for
liability resulting from acts or omissions of a party, arising, taken or omitted prior
to such termination, including, but not limited to, those described in Section 6 of
this Agreement (prior liability), the rights and obligations of each party resulting
from this Agreement shall cease upon such termination. Any prior liability of a
party shall survive termination of this Agreement.
8. Notices.
Any notice required or permitted to be given by any party upon the other is given
in accordance with this Agreement if it is in writing, and if it is directed to
Contractor, by delivering it personally to Brenda Heitz of Decorative Designs, Inc.;
or, if it is directed to City, by delivering it personally to the Facilities Manager, or,
3
if mailed in a sealed wrapper by United States registered or certified mail, return
receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by
mailed notice as above required; or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed as follows:
If to City: Paul Sticha, Facilities Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
If to Contractor: Brenda Heitz
Decorative Designs, Inc.
301 West 92"d Street
Bloomington, MN 55420
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit, that
the time for response to any notice by the other party shall commence to run one
business day after any such deposit. Any party may change its address for the
service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
9. Independent Contractor.
Contractor is an independent contractor engaged by City to perform the services
described herein and as such (i) shall employ such persons as it shall deem
necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City.
10. Assignment.
Contractor shall not assign this Agreement, or engage a subcontractor for its
performance, in whole or in part, without the prior written consent of City, except
that Contractor, without prior approval and without exoneration of any
responsibilities, may assign this Agreement to a wholly-owned subsidiary.
4
1 1 . Data Practices Act.
Contractor shall at all times abide by the Minnesota Government Data Practices
Act, Minn. Stat. Section 1301, et seq., to the extent that the Act is applicable to
data and documents in the hands of Contractor.
12. Audits.
The books, records, documents, and accounting procedures and practices of the
Contractor or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six
years after the effective date of this contract.
13
. Worker's Compensation.
Contractor represents and warrants that it has and will maintain during the
performance of this agreement worker's compensation insurance coverage required
pursuant to Minn. Stat. 1 176.181, Subd. 2 and that the certificate of insurance or
the written order of the Commissioner of Commerce permitting self insurance of
worker's compensation insurance coverage provided to the City prior to execution
of this agreement is current and in force and effect.
14. Discrimination.
In performance of this contract, Contractor shall not discriminate on the grounds of
or because of race, color, creed, religion, national origin, sex, marital status, status
with regards to public assistance, disability, sexual orientation, or age against any
employee of the Contractor, any subcontractor of the Contractor, or any applicant
for employment. Contractor shall include a similar provision in all contracts with
subcontractors to this contract. Contractor further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minn. Stat. 1 363.01, et seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of
1990.
15. Conflicts.
No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the contract void. Any
federal regulations and applicable state statutes shall not be violated.
5
16. General Agreements of Contractor and City.
a. Contractor agrees not to hire any employee or former employee of
City and City agrees not to hire any employee or former employee of Contractor
prior to termination of this Agreement and for one (1) year thereafter, without prior
written consent of the former employer in each case.
b. Neither party shall be liable for any breach of the Agreement caused
by fires, floods, wars, riots, strikes, or other events or acts beyond the control of
the party or parties affected thereby.
C. In the event of dissolution, termination of existence, insolvency,
appointment of a receiver, ,assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency law, or the
service of any warrant, attachment, levy or similar process involving Contractor,
City may, at its, option in addition to any other remedy to which City may be
entitled, immediately terminate this Agreement by notice to Contractor, in which
event, this Agreement shall terminate on the notice becoming effective.
d. Contractor's books and records pertaining to its gross catering sales
shall be available during normal business hours for audit by City at City's expense
at Contractor's principal offices for a period of one (1) year from and after the
monthly period to which such books and records relate.
e. In the event of a breach of this Agreement by the City, Contractor
shall not be entitled to recover punitive, special or consequential damages or
damages for loss of business.
f. Contractor and its employees will park in service areas or lots and use
entries and exits as designated by City. Contractor's personnel will contact the
appropriate person (i.e. receptionist, maintenance personnel, security, etc,)
immediately upon entering the building, and will sign in and out if required by City.
g. Care, coordination and communication by Contractor is imperative so
that guests and employees in the buildings are not disturbed or inconvenienced
during the performance of the contracted services.
h. Contractor's personnel must be neat appearing and wear a uniform
and badge that clearly identifies them as a service contractor and abide by City's
no smoking policies.
i. Contractor must honor the City's request to reassign an employee for
cause. Cause may include performance below acceptable standards or failure to
6
present the necessary image or attitude, in the judgment of the owner, to present
a first class operation.
j. When necessary, Contractor's personnel will be provided with keys or
access cards in order to perform their work. Any lost keys or cards that result in
rekeying a space or other cost to the City will be billed back to the Contractor.
k. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in
connection with the enforcement by the City during the term of this Agreement or
thereafter of any of the rights or remedies of the City under this Agreement
17. Dispute Resolution.
a. Mediation. Each dispute, claim or controversy arising from or related
to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or
legal or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time
is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
b. Arbitration. Subject to the requirement for mediation stated above, all
disputes, claims or controversies arising from or relating to this Service Agreement
shall be resolved by binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association then in effect as a
condition precedent to initiating legal or equitable actions by either party. A
demand for arbitration shall be filed in writing with the other party to this
Agreement and the American Arbitration Association. No arbitration award shall
include exemplary or punitive damages. The authority of the arbitrator shall be
limited to deciding matters pertaining to or arising out of the performance of
obligations required by the Service Agreement of either party. In so doing, the
arbitrator shall apply the principles of law of the State of Minnesota.
7
j
I
18. Agreement Supersedes Other Agreements.
i
This Agreement supersedes and supplants all previous agreements and
understandings, whether oral or written, between the parties.
CITY OF EDEN PRAIRIE
Date: By:
Nancy Tyra-Lukens
Its: Mayor
Date: By:
Scott Neal
Its: City Manager
CONTRACTOR
Date: `o %9 C,5 By: -
Its: •'�Fo S
Date: By:
Its:
EP/Admin/Form Service Agreement.102 504
8
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. A.
Community Development/
Planning
Janet Jeremiah Code Changes
Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 15t Reading of the Ordinance Amending City Code Chapters 2 and I 1
relating to non-conforming uses and signs.
Synopsis
The attached ordinance includes a number of code revisions in relating to variances, signs, and
non conforming uses. There are several reasons for the proposed changes:to be consistent with
recent changes in Minnesota Statutes,to be consistent with recent case law in Minnesota,to
resolve any doubt that the City's policies and procedures do not inappropriately restrict free
expression,to match ordinance to practice, and to make requirements less broad and more
specific. These changes relating to signs are intended to further the purpose and intent behind
the sign chapter of the zoning ordinance as Y City expressed b the Ci Council in 1974, which the
P
Council repeated again in 1991.
Second reading of this ordinance is located in the section on Ordinances and Resolutions.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the code change at the August
22, 2005 meeting.
Attachments
1. Proposed ordinance
2. Staff report dated August 19, 2005
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE -2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO THE BOARD OF ADJUSTMENTS AND
APPEALS; CHAPTER 11, SECTION 11.02, 42 DEFINING NON-CONFORMING USE
AND ADDING 11.02, 68 DEFINING "PLACES OF WORSHIP; SECTION 11.03, 11.06,
11.35 AND 11.70 CHANGING ALL REFERENCES TO THE WORD "CHURCHES" TO
"PLACES OF WORSHIP"; SECTION 11.75 RELATING TO NON-CONFORMING
USES; SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Section 2.26 is amended by amending the first sentence of Subd. 2.
following its caption to read as follows:
The Board shall hear and decide matters relating to City Code Chapters 11
(Zoning) and 12 (Subdivision ,Regulations [Platting] ) and other matters specified
in this Section and as otherwise provided by the City Code and building and fire
codes (`Building and Fire Codes").
Section 2. City Code Section 2.26, Subd. 2. B. is amended to read as follows:
Special Procedures applicable to Appeals and Requests for Variances
relating to Signs and other Requests for Variances Related to Zoning. In
Cases of (a) appeals and requests for variances relating to signs and (b) other
requests for variances related to zoning,the following procedures and rules to the
extent they may be inconsistent with City Code Section 2.26 Subd. 2. A., 2. and 3.
shall apply:
1. The Board shall approve or deny the appeal or request within sixty (60)
days of the filing by the appellant or the requester of a complete
application with the City ("60-day period"). If the appeal or request is
denied by the Board, it shall state in writing the reasons for the denial at
the time it denies the appeal or request. The decision of the Board shall
become final upon the earlier of(a) 15 days after the decision or (b) the
end of the 60-day period.
2. The Council may elect to review the decision of the Board. The election
must be made (a) within 15 days after the decision of the Board and (b)
prior to the end of the 60-day period. If the Council elects to review the
decision of the Board, the review by the Council shall be completed within
the 60-day period. If the Council denies the appeal, request or variance, it
shall state in writing the reasons for the denial at the time it denies the
request.
3. The appellant or requestor may appeal a decision of the Board to the
Council within ten (10) days after the decision by the Board. The Council
shall complete its review of an appeal of a decision of the Board and
approve or deny the appeal, request or variance within the 60-day period.
If the Council denies the variance it shall state in writing the reasons for
the denial at the time of the denial.
4. The 60-day period may be extended before the end of the period by
providing written notice of the extension to the appellant or requester. The
notification must state the reasons for the extension and its anticipated
length, which may not exceed sixty (60) days unless approved by the
appellant or requester. The 60-day period may also be extended as
provided by Minn. Stat. § 15.99.
Section 3. City Code Section 11.02, 42. is amended to read as follows:
42. "Non-Conforming Use" - A non-conforming use is the lawful use or
occupation of land or premises existing at the time of the adoption of a
provision of the City Code which, upon the adoption of the provision, the
use or occupation of the land or premises is not in conformity.
Section 4. City Code Section 11.02 is amended by adding subpart 68 as follows:
68. "Places of Worship"—a tax exempt institution that people regularly attend
to participate in or hold religious services meetings, and other activities related to
religious ceremonies.
Section 5: City Code Section 11.03, Subd. 3. HA.g. shall be amended by substituting for the
word"Churches,"the words"Places of Worship".
Section 6: City Code Section 11.06, Subd. 5. D.and Subd. 6.2. shall be amended by
substituting for the word"Churches,"the words "Places of Worship".
Section 7. City Code Section 11.35, Subd. 2. C. shall be amended by substituting for the
word "Churches,"the words"Places of Worship".
Section 8. City Code Section 11.70 shall be amended as follows: There shall be substituted
for the word "Churches," the words "Places of Worship" where it appears in the
following:
Subd. 2., 7.; Subd. 3. T.; Subd. 4.F. 3.; and Subd.4.F.6
Section 9. City Code Section 11.70, Subd. 2.,43. is amended to read as follows:
43. "Commercial Speech" - Speech or graphics advertising a business,
profession, commodity, service or entertainment.
Sectionl0. City Code Section 11.70, Subd. 3. C is amended to read as follows:
"No illuminated sign which changes in either color or intensity of light, flashes,
scrolls, or is animated shall be permitted."
Section 11. City Code Section 11.70, Subd. 3., D. is amended to read as follows:
D. No sign other than those directing vehicle or pedestrian movements or
pertaining to traffic control or safety shall be erected or temporarily placed
within any street right-of-way or upon any public easement.
Section 12. City Code Section 11.70 Subd. 3. G. is amended to read as follows:
"Air inflated devices, banners, pennants and whirling devices, or any such sign
resembling the same, are prohibited from use within the City."
Section 13. City Code Section 11.70, Subd. 3., L. is amended to read as follows:
L. Up to three flags containing Non-Commercial Speech only be
P Y may
displayed upon a lot. Each flag may not exceed one hundred (100) square
feet in size. Flag pole height must comply with height regulations
contained in Section 11.03, Subd. 3.F. of the City Code.
Section 14. City Code Section 11.70, Subd. 3., II. is amended to read as follows:
II. Notwithstanding anything to the contrary in this Section, signs containing
Non-Commercial Speech are permitted in all Districts and are subject to
only the following Subsections of Section 11.70, Subd. 3: B, C, D, E, F,
G, H, L, M, O, Q, V, W, X, Z and AA. Non-commercial signs are also
subject to individual District setback and height regulations. The owner of
any sign which is otherwise allowed by this Code may substitute non-
commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional
approval or permitting. The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over non-commercial speech,
or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific
provision to the contrary.
Section 15. City Code Section 11.70, Subd. 4.B.4 is deleted.
Section 16. City Code Section 11.70, Subd. 4. B. 7 is amended by adding to the end thereof
the following sentence:
"Except as otherwise provided in Subd. 3, other temporary signs may occupy the
remainder of the area allowed but not utilized for a permanent sign, provided that
the total area for any temporary sign shall never exceed fifty square feet."
Section 17. City Code Section 11.70, Subd. 4. F. 5 is amended by deleting the words "special
event" in the first line.
Section 18. City Code Section 11.70, Subd. 5. A. is amended to read as follows:
Permits. Except as provided in Subparagraph D below, the owner or occupant of
the premises on which a sign is to be displayed, or the owner or installer of such
sign, shall file application with the City for permission to display such sign.
Permits must be acquired for all existing, new, relocated, modified or redesigned
signs except those specifically excepted below. The applicant shall submit with
the application, a complete description of the sign and a sketch showing its size,
location, manner of construction and such other information as shall be necessary
to inform the Building Official of the kind, size, material, construction and
location of the sign. The applicant shall also submit at the time of application, the
application fee required under Subparagraph B below. The City Manager or the
City Manager's designee shall approve or deny the sign permit no more than 30
days from the receipt of the complete application, including applicable fee. If a
sign authorized by permit has not been installed within three months after the date
of issuance of said permit,the permit shall become null and void.
Section 19. City Code Section 11.70, Subd. 5.B. is amended to read as follows:
Fees. An application or request for an amendment of this Section or for a permit,
variance or other approval relating to this Section shall be set by the Council
by ordinance.
Section 20. City Code Section 11.70, Subd. 5. D is amended by adding Section 11.70 Subd. 5.
D. 7 as follows:
"Signs six(6) square feet or less in size."
Section 21. City Code Section 11.70, Subd. 5. D. 2. is amended to read as follows: Signs,
erected by a governmental unit or public school district.."
Section 22. City Code Section 11.70, Subd. 5. D. 3. is amended to read as follows:
"Temporary signs as listed in Subdivision 3, Subparagraph H,I, J, K and Y."
Section 23. City Code Section 11.70, Subd. 5. E. 3. is amended to read as follows:
3. Appeals and Variances. A permit applicant or permit holder may appeal
any order or determination made by the Chief Building Official or a
deputy pursuant to this Section by filing a written appeal with the City
Clerk within ten (10) days of the mailing of notice of the order or
determination to the applicant or holder. A notice of appeal shall be in
writing and must be personally served upon the City Clerk or deputy
within the time provided. A permit applicant or permit holder may also
request a hearing for a variance from the literal terms of this Section
before the Board of Appeals and Adjustments by filing a form provided by
the City and paying the prescribed fees to the City Clerk. Request for
variances from the literal provisions of this Section shall only be granted
in accordance with City Code Section 2.26.
Section 24. City Code Section 11.70, Subd. 5, E. 4 is amended to read as follows:
With respect to signs distributed or posted by a person, committee, or
organization except pursuant to a lease or license with the property owner,the
written notice of violation required by Subd. S.E. herein may be given to the
person, committee or organization who prepares, disseminates, issues, posts,
installs or owns the sign, or the persons, committee or organization who causes
the preparation, dissemination, issuance, posting, or installation of the sign, or the
owner or occupant of the premises on which such sign is displayed. If such
person, committee, organization, owner or occupant fails to remove or alter the
sign so as to comply with the provision set forth in this Section within 3 days
following receipt of said notice,then such failure is deemed unlawful and such
persons, committee, organization, owner, or occupant shall be subject to the same
liabilities and penalties as are permittees and owners under Subd. S.E. 1. and 2.
Section 25. City Code Section 11.70, Subd. 6. is repealed in its entirety.
Section 26. City Code Section 11.75 is amended to read as follows:
SECTION 11.75 NON-CONFORMING USES
Subd. 1. Non-conforming uses may be continued, including through repair,
replacement, restoration, maintenance or improvement, but not including
expansion, unless
(a) a non-conforming use is discontinued for a period of more than
one year; or
(b) the non-conforming use is destroyed by fire or other peril to the
extent that greater than fifty percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged. In the event a building permit has been
applied for within the 180 days, the City may impose reasonable
conditions upon the building permit in order to mitigate any newly
created impact on adjacent property.
Section 27. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled
"Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated
verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 61h
day of September, 2005 and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of 12005.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on 2005.
STAFF REPORT
TO: Planning Commission
THROUGH: Michael D. Franzen, City Planner
DATE: August 19, 2005
SUBJECT: City Code Amendments
The attached ordinance includes a number of code revisions in relating to variances,signs,and non
conforming uses. There are several reasons for the proposed changes: to be consistent with recent
changes in Minnesota Statutes,to be consistent with recent case law in Minnesota,to resolve any
doubt that the City's policies and procedures do not inappropriately restrict free expression,to match
ordinance to practice, and to make requirements less broad and more specific. These changes
relating to signs are intended to further the purpose and intent behind the sign chapter of the zoning
ordinance as expressed by the City Council in 1974,which the Council repeated again in 1991.
PROPOSED CHANGES
Section 1. City Code Section 2.26 is amended by amending the first sentence of Subd. 2.
following its caption to read as follows:
The Board shall hear and decide matters relating to City Code Chapters 11
(Zoning) and 12 (Subdivision Regulations [Platting] ) and other matters
specified in this Section and as otherwise provided by the City Code and
building and fire codes ("Building and Fire Codes").
The code currently states that the Board will decide matters relating to land use and subdivisions
This is being change to matters relating to Chapter 11 and 12 because the Board also reviews
variances, code interpretations and conditional use permits,
Section 2. City Code Section 2.26, Subd. 2. B. is amended to read as follows:
Special Procedures applicable to Appeals and Requests for Variances
relating to Signs and other Requests for Variances Related to Zoning. In
Cases of(a)appeals and requests for variances relating to signs and(b)other
requests for variances related to zoning,the following procedures and rules to
the extent they may be inconsistent with City Code Section 2.26 Subd.2.A.,
2. and 3. shall apply:
1. The Board shall approve or deny the appeal or request within sixty
(60)days of the filing by the appellant or the requester of a complete
application with the City("60-day period").Ifthe appeal or request is
denied by the Board,it shall state in writing the reasons for the denial
at the time it denies the appeal or request. The decision of the Board
shall become final upon the earlier of(a) 15 days after the decision or
(b)the end of the 60-day period.
2. The Council may elect to review the decision of the Board. The
election must be made (a) within 15 days after the decision of the
Board and (b) prior to the end of the 60-day period. If the Council
elects to review the decision of the Board,the review by the Council
shall be completed within the 60-day period.Ifthe Council denies the
appeal,request or variance,it shall state in writing the reasons for the
denial at the time it denies the request.
3. The appellant or requestor may appeal a decision of the Board to the
Council within ten (10) days after the decision by the Board. The
Council shall complete its review of an appeal of a decision of the
Board and approve or deny the appeal,request or variance within the
60-day period. If the Council denies the variance it shall state in
writing the reasons for the denial at the time of the denial.
4. The 60-day period may be extended before the end of the period by
providing written notice of the extension to the appellant or requester.
The notification must state the reasons for the extension and its
anticipated length, which may not exceed sixty (60) days unless
approved by the appellant or requester. The 60-day period may also
be extended as provided by Minn. Stat. § 15.99.
The change is adding the `appellant'and the appeal time is reduce from 15 to 10 days to give the
city more time to evaluate the appeal.. The change also resolves any doubt that the deadlines set
forth in this section apply to appeals and requests for variances relating to signs Those deadlines
are already applicable to such matters pursuant to Minn. Stat. §15.99, and this change makes
that clear in the City Code itself.
Section 3. City Code Section 11.02, 42. is amended to read as follows:
42. "Non-Conforming Use" - A non-conforming use is the lawful use or
occupation of land or premises existing at the time of the adoption of a
provision of the City Code which,upon the adoption of the provision,the use
or occupation of the land or premises is not in conformity.
This change,and the changes below in Section 4 and Section 12,resolve any doubt that the City's
treatment of nonconforming uses is consistent with a provision more recently adopted and
amended by the Minnesota Legislature. This definition of"non-conforming use"is the Minnesota
2
Statute version. The code currently states that a non-conforming use is a use of building or land
that does not conform to the regulations to the district in which it is situated.
Section 4. City Code Section 11.75 is amended to read as follows:
SECTION 11.75 NON-CONFORMING USES
Subd. 1. Non-conforming uses may be continued, including through repair,
replacement, restoration, maintenance or improvement, but not including
expansion,unless
(a) a non-conforming use is discontinued for a period of more than one
year; or
(b) the non-conforming use is destroyed by fire or other peril to the
extent that greater than fifty percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged.In the event a building permit has been applied
for within the 180 days,the City may impose reasonable conditions
upon the building permit in order to mitigate any newly created
impact on adjacent property.
This is the Minnesota statute version. The change makes a clearer distinction between
repair,replacement,restoration,maintenance,or improvement of a non-conforming use(which is
permitted)and expansion of a non-conforming use(which is not).
The code does not currently specify what should occur if a non-conforming use is discontinued
for a particular period of time, or destroyed in some degree.
Section 5. City Code Section 11.70, Subd. 2.,43. is amended to read as follows:
43. "Commercial Speech' - Speech or graphics advertising a business, profession,
commodity, service or entertainment.
The purpose of this change is to recognize in the ordinance that "graphics" are a form of
advertising. Second the purpose is to resolve any doubt that signs containing noncommercial
speech receive the protected status given to them under the Code even if they bear some
relationship to a business,profession,commodity,service or entertainment,but do not constitute
an advertisement for such commercial enterprises. The change removes the phrase"relating to"
andsubstitutes"advertising." The definition of"Noncommercial Speech"in Section 11.70Subd
2 44 already provides that messages concerning
political, religious, social, ideological,public
3
service and informational topics are protected as noncommercial speech,and this change resolves
any doubt that such messages also fall outside of the Code's definition of"commercial speech."
Section 6. CityCode Section 11.70 Subd. 3. D. is amended to read as follows:
o
D. No sign other than those directing vehicle or pedestrian movements or pertaining
to traffic controlor safety shall be erected or temporarily placed within any street
right-of-way or upon any public easement.
The code currently provides that governmental signs can be in a street right of way or public
easement, but does not specifically define "governmental sign." The proposed change adds
specificity, and conforms the Code to the type of signs that the City currently allows in street
rights of way and public easements Reference to"identification" is removed as redundant.
Section 7. City Code Section 11.70, Subd. 3.,L. is amended to read as follows:
L. Up to three flags containing Non-Commercial Speech only may be displayed
upon a lot. Each flag may not exceed one hundred(100)square feet in size.
Flag pole height must comply with height regulations contained in Section
11.03, Subd. 3.F. of the City Code.
The first sentence of this section in the Code currently states "One United States flag, one
Minnesota flag, one educational, civil or religious flag may be displayed upon a lot." This
provision was not intended to forbid,through omission,the flying of any particular flag or kind of
flag. This change limits flags to Non-Commercial Speech so that "advertising flags"are not
allowed and further resolves any doubt that it is up to citizens, and not the City, to decide what
flags may be flown.
Section 8. City Code Section 11.70, Subd. 3., II. is amended to read as follows:
II. Notwithstanding anything to the contrary in this Section, signs containing
Non-Commercial Speech are permitted in all Districts and are subject to only
the following Subsections of Section 11.70, Subd.3:B, C,D,E,F,G,H,L,
M, O, Q, V, W, X, Z, and AA . Non-commercial signs are also subject to
individual District setback and height regulations. The owner of any sign
which is otherwise allowed by this Code may substitute non-commercial
copy in lieu of any other commercial or non-commercial copy. This
substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent
favoring of commercial speech over non-commercial speech,or favoring of
any particular non-commercial message over any other non-commercial
message. This provision prevails over any more specific provision to the
contrary.
4
City Code Section 11.70 Subd. 3 (II)lists the subset of the general provisions in the Subd. 3 that
apply to signs containing either commercial or noncommercial speech, while exempting
noncommercial speech from those Subd.3 provisions not specifically listed.Subparagraphs C is
included in this list but that subparagraph has been revised as set forth below. All illuminated
signs are prohibited in the change to 11.70 Subd.3 C. Further 11.70 Subd.3.G.has been revised
as set forth below. The last four sentences of this section make up what is known as a "message
substitution"provision,which is intended to resolve any doubt that the ordinance does not operate
so as to favor commercial speech over non-commercial speech, or to favor any particular non-
commercial message over any other non-commercial message.
Section 9. City Code Section 11.70 shall be amended as follows: There shall be substituted for
the word "Churches," the words "Places of Worship" where it appears in the
following:
Subd. 2., 7.; Subd. 3. T.; Subd.4. F. 3.; and Subd.4.F.6
This change,and the changes in Sections 13 through 16 below,are intended to resolve any doubt
that the Code's references to "churches"are not intended to exclude,by omission,any other kind
of place of worship, and to add specificity by including a definition of`places of worship."Last
year, the definition of`place of worship"proposed in Section was reviewed and upheld by a
federal court in Pennsylvania.
Section 10. City Code Section 11.70, Subd. 5. B. is amended to read as follows:
B. Fees. An application or request for an amendment of this Section or for a
permit, variance or other approval relating to this Section shall be
accompanied by payment of the following fees for the following purposes:
[to be completed]
It is preferable that the City establish fees for variances by ordinance,rather than by resolution.
The current fee is$295 for residential property and$490 for all other properties.
Section 11. City Code Section 11.70, Subd. 5. E. 3. is amended to read as follows:
3. Appeals and Variances.A permit applicant or permit holder may appeal any
order or determination made by the Chief Building Official or a deputy
pursuant to this Section by filing a written appeal with the City Clerk within
ten (10) days of the mailing of notice of the order or determination to the
applicant or holder. A notice of appeal shall be in writing and must be
personally served upon the City Clerk or deputy within the time provided.A
permit applicant or permit holder may also request a hearing for a variance
5
from the literal terms of this Section before the Board of Appeals and
Adjustments by filing a form provided by the City and paying the prescribed
fees to the City Clerk. Request for variances from the literal provisions of
this Section shall only be granted in accordance with City Code Section 2.26.
The change is that an appeal should be made in writing. The code also states what types of
variances the Board should hear. That provision is being removed since the Board must hear all
variances.
Section 12. City Code Section 11.70, Subd. 6. is repealed in its entirety.
The explanation ofthese changes is setforth above,after Section 3. The code currently states that
non conforming signs have to be made conforming with sixty days of the adoption of subd 6. This
was originally approved in 1982.As a result of more recent statutory changes,the City generally
cannot require a lawful non-conforming sign to made conforming by a particular deadline.
Section 13. City Code Section 11.03, Subd. 3. HA.g. shall be amended by substituting for the
word "Churches,"the words"Places of Worship".
Section 14. City Code Section 11.06, Subd.5.D.and Subd.6.2.shall be amended by substituting
for the word"Churches,"the words"Places of Worship".
Section 15. City Code Section 11.35, Subd.2.C. shall be amended by substituting for the word
"Churches,"the words"Places of Worship".
Section 16. City Code Section 11.02 is amended by adding subpart 68 as follows:
68. "Places of Worship" — a tax exempt institution that people regularly attend to
participate in or hold religious services meetings, and other activities related to
religious ceremonies.
The explanation of these changes is set forth above, after Section 9.
Section 17. City Code Section 11.70, Subd. 5.A. is amended in its entirety to read as follows:
Permits.Except as provided in Subparagraph D below,the owner or occupant of the
premises on which a sign is to be displayed, or the owner or installer of such sign,
shall file application with the City for permission to display such sign.Permits must
be acquired for all existing, new, relocated, modified or redesigned signs except
those specifically excepted below.The applicant shall submit with the application,a
complete description of the sign and a sketch showing its size, location, manner of
construction and such other information as shall be necessary to inform the Building
6
Official of the kind, size, material, construction and location of the sign. The
applicant shall also submit at the time of application, the application fee required
under Subparagraph B below. The City Manager or the City Manager's designee
shall approve or deny the sign permit no more than 30 days from the receipt of the
complete application,including applicable fee. If a sign authorized by permit has not
been installed within three months after the date of issuance of said permit, the
permit shall become null and void.
This subdivision has been amended to add a specific thirty-day deadline for the City to approve or
deny a sign permit application, measured from the date that the City receives a complete
application, including the applicable fee.
Section 18. City Code Section 11.70, Subd. 5. D. 2. is amended to read as follows: Signs,
erected by a governmental unit or public school district.."
Section 19. City Code Section 11.70, Subd. 5. D. 3. is amended to read as follows:
"Temporary signs as listed in Subdivision 3, Subparagraph H, I, J, K and Y."
In Subd S.D,the requirement to obtain a permit is waived in certain specified situations for signs
that fall within one or more of six specified exemptions.Sections 18 and 19 are added to narrow
two of those exemptions by removing the reference to non-profit organizations in S.D. 2 and
removing reference to Area Identification Signs and Neighborhood Markets to resolve any doubt
that the City is not favoring particular speakers or messages through its exemptions,and that the
City is consistent in its pursuit of the stated objectives for the sign ordinance.
Section 20. City Code Section 11.70,Subd.5.D is amended by adding Section 11.70 Subd.5.D.
7 as follows:
"Signs six(6) square feet or less in size."
The current exemptions, in effect,provide many opportunities for citizens to post small signs
without the need to obtain a permit and wait for its issuance. Small signs tend to be less
distracting, 'a and create less o a burden on g, f the City s accomplishment of the stated goats of its sign
regulations. Section 20 makes it clear that,for signs six square feet or less in size, citizens need
not seek a permit before posting such a sign,regardless of whether the sign falls within one of the
current exemptions from the permit requirement.
Section 21. City Code Section 11.70, Subd. 4. B. 4 is deleted.
This subparagraph is deleted and a revision is made in Subd. 4.B. 7. The revision removes the
7
reference to product sale,stamp and game signs and in the next section provides for consistent
treatment o all temporary signs not otherwise r f rse regulated in Subd. 3.
P �7' g g
Section 22. City Code Section 11.70, Subd.4. B.7 is amended by adding to the end thereof the
following sentence:
"Except as otherwise provided in Subd. 3, other temporary signs may occupy the
remainder of the area allowed but not utilized for a permanent sign,provided that the
total area for any temporary sign shall never exceed fifty square feet."
The explanation of this change is set forth above in Section 21.
Section 23. City Code Section 11.70, Subd. 4. F. 5 is amended by deleting the words "special
event'in the first line.
The reference to special events is deleted so that all temporary signs are regulated in the same
manner and to resolve any doubt that the City is not favoring particular speakers or messages
through its exemptions,and that the City is consistent in its pursuit of the stated objectives for the
sign ordinance.
I�
Section 24. City Code Section 11.70, Subd. 5, E. 4 is amended to read as follows:
With respect to signs distributed or posted by a person, committee, or
organization except pursuant to a lease or license with the property owner, the
written notice of violation required by Subd. S.E.herein may be given to the
person, committee or organization who prepares, disseminates, issues, posts,
installs or owns the sign, or the persons, committee or organization who causes
the preparation, dissemination, issuance, posting, or installation of the sign, or the
owner or occupant
t of the remises on which such sign is displayed. If such
p P
g
person, committee, organization, owner or occupant fails to remove or alter the
sign so as to comply with the provision set forth in this Section within 3 days
following receipt of said notice,then such failure is deemed unlawful and such
persons, committee, organization, owner, or occupant shall be subject to the same
liabilities and penalties as are permittees and owners under Subd. S.E. 1. and 2.
This change removes a cross-reference to a definition that was removed in the April 2004
amendment to Subd 3 H, Ordinance No. 11-2004. The function of this provision is to address
special enforcement difficulties presented by situations in which someone other than the
property owner or a permittee is likely responsible in whole or in part for the violation. While
this often occurs with political campaigns, it can also occur in other settings.In such
situations, the City has needed the authority to require persons other than owners or
8
permittees to remove or alter signs to bring them into compliance with the Code.As amended,
it would no longer be limited to "campaign signs,"but would apply to any sign that is
distributed or posted by a person, committee, or organization except pursuant to a lease or
license with the property owner. As with the existing provision, the three-day removal period
referenced in this provision is the same removal period that applies to owners and permittees
under Subd. 5.E, so no greater burden is imposed upon such persons, committees or
organizations than is imposed upon owners or permittees.
Section 25. City Code Section 11.70, Subd. 3. C is amended to read as follows:
"No illuminated sign which changes in either color or intensity of light, flashes,
scrolls, or is animated shall be permitted."
This section is amended to remove the exception to the prohibition on illuminated signs to resolve
any doubt that the City is not favoring particular speakers or messages through its exemptions,
and that the City is consistent in its pursuit of the stated objectives for the sign ordinance.
again resolve any doubt that the city is favoring one.
Section 26. City Code Section 11.70 Subd. 3. G. is amended to read as follows:
"Air inflated devices, banners, pennants and whirling devices, or any such sign
resembling the same, are prohibited from use within the City."
This section is amended to remove the exception forgrand openings to resolve any doubt that the
City is not favoring particular speakers or messages through its exemptions, and that the City is
consistent in its pursuit of the stated objectives for the sign ordinance.
Section 27. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation'and Sections 2.99 and 11.99,entitled"Violation a
Misdemeanor"are herby adopted in their entirety,by reference,as though repeated verbatim herein.
This means that if a person violates the sign code by performing an act that is prohibited or
unlawful, if convicted,shall be punished as a misdemeanor.
STAFF RECOMMENDATION
Staff recommends approval of the code changes.
9
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 144102- 144681
Wire Transfers 2290-2315
City of Eden Prairie
Council Check Summary
9/6/2005
Division Amount Division Amount
General 58,551 601 Prairie Village Liquc 171,307
100 City Manager 3,679 602 Den Road Liquor 269,936
101 Legislative 4,690 603 Prairie View Liquor 162,739
102 Legal Counsel 36,508 605 Den Road Building 1,489
1 t0 City Clerk 466 701 Water Fund 193,629
111 Customer Service 11,697 702 Sewer Fund 1,785
112 Human Resources 636 703 Storm Drainage Fun( 12,220
113 Communication Services 953 803 Escrow Fund 9,740
114 Benefits&Training 5,795 807 Benefits Fund 717,785
115 Risk Management 81,272
116 Facilities 68,020 Report Totals 2,869,003
117 City Center 59,173
130 Assessing 1,118
131 Finance 5,246
132 Social Services 2,600
133 Community Development 834
134 Heritage Preservation 390
135 Information Technology 16,409
136 Wireless Communication 5,543
137 Economic Development 305
138 Community Development Admin. 297
150 Park Administration 1,020
151 Park Maintenance 43,639
153 Athletic Programs 8,556
154 Community Center 10,720
155 Beaches 196
156 Youth Programs 12,973
157 Special Events 4,173
158 Senior Center 4,200
159 Recreation Administration 1,530
160 Therapeutic Recreation 810
161 Oak Point Pool 10,023
162 Arts 2,628
163 Outdoor Center 5,642
164 Park Rental Facilities 2,290
180 Police 22,834
184 Fire 17,605
185 Animal Control 1,841
200 Engineering 3,053
201 Street Maintenance 289,910
202 Street Lighting 1,399
203 Fleet Services 58,447
301 CDBG 40,051
304 Senior Board 187
308 E-911 1,481
315 Economic Development 174
316 WAFTA 2,838
418 HRA 2002A Lease Revenue Bonds 129,010
421 2003A Park Bonds Refunding 41,203
422 G.O W/Sewer Refund 2003B 24,056
423 2003C Open Space Bonds 21,845
502 Park Development 33,617
503 Utility Improvement 8,553
506 Improvment Bonds 1996 19,750
507 Construction Fund 51,175
509 CIP Fund 15,902
511 Construction Fund 34,553
512 CIP Trails -417
515 Fire Station#4 36,725
City of Eden Prairie
Council Check Register
9/6/2005
Check# Amount Vendor/Explanation Account Description Business Unit
2294 165 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2295 152,977 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2296 27 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2297 29,855 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2298 41,203 US BANK TRUST NATIONAL ASSN Interest 2003A G.O.Park Refunding
2299 21,845 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon
2300 24,056 US BANK TRUST NATIONAL ASSN Interest 2003B G.O.W/Sewer Refunding
2301 18,747 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2302 243 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2303 1,592 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2304 10,273 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2305 16,121 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2306 136 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2307 78,388 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2308 129,010 US BANK TRUST NATIONAL ASSN Bank Reserve HRA 2002A LEASE REVENUE BONDS
2309 76,765 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2310 15,383 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2311 10,596 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund
2312 148,808 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2313 29,074 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2314 553 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2315 91,787 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
144102 86 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store
144103 100 BEUNING,LISA Refunds Environmental Education
144104 200 BRIO BRASS Other Contracted Services Staring Lake Concert
144105 1,782 CENTERPOINT ENEGY Gas Water Treatment Plant
144106 3,871 CENTURYTEL Telephone Telephone
144107 200 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
144108 255 DERR DDS,ROBERT Workers Comp Insurance Risk Management
144109 100 DORSEY,MATT Refimds Environmental Education
144110 229 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration
144111 8,492 ELAN FINANCIAL SERVICES Operating Supplies Fire
144112 100 FORTON,PAUL Refunds Environmental Education
144113 14 GONZALES,JENNIFER Lessons&Classes Pool Lessons
144114 100 HUSSONG,SCOTT Refunds Environmental Education
144115 85 JACOBUS,RANEE Program Fee Athletics
144116 60 JEFFERSON LINES Special Event Fees Red Hat
144117 121 KINKO'S Other Contracted Services Economic Development
144118 75 KRESS,CARLA Mileage&Parking Senior Center Administration
144119 69 KRYSLER,CYNTHIA AR Utility Water Enterprise Fund
144120 85 MCDONALD,LESLIE Program Fee Athletics
144121 360 MEDICINE LAKE TOURS Special Event Fees Trips
144122 1,989 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
144123 100 PEA,DEBBIE Refunds Environmental Education
144124 100 PETERSON,HOLLY Refunds Environmental Education
144125 14 PINGOLT,JENNIFER Program Fee Preschool Events
144126 14 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
144127 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery
144128 22 T.W.E.WHOLESALERS,INC Transportation Den Road Liquor Store
144129 217 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits
144130 307 US POSTMASTER-HOPKINS Postage Recreation Administration
144131 104 WILD MOUNTAIN REC AREA Special Event Fees Leisure Education
144132 2,060 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
144133 4,653 XCEL ENERGY Electric Water Treatment Plant
144134 350 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Police
144135 145 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
144136 2,000 BOLD,PAULINE Instructor Service Outdoor Center
144137 19 BRUENING,CHARLOTTE Chemicals Park Maintenance
144138 802 CARLSON,DAN Tuition Reimbursement/School Police
144139 336 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
144140 31 CULLIGAN-METRO Other Contracted Services Outdoor Center
144141 500 DK PRODUCTIONS Other Contracted Services Staring Lake Concert
144142 60 EDEN PRAIRIE COMMUNITY CENTER Cash Over/Short Community Center Admin
144143 211 FORSETH,DAN Mileage&Parking Tree Disease
144144 1,249 HARRINGTON,MIKE Clothing&Uniforms Police
Check# Amount Vendor/Explanation Account Description Business Unit
144145 1,546 MINNESOTA UC FUND Unemployment Compensation Employee Benefits
144146 1,591 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
144147 30 MMRF#3105 Tuition Reimbursement/School Police
144148 613 NILSSEN,BETH Instructor Service Ice Arena
144149 80 PETTY CASH-EPCC Mileage&Parking Community Center Admin
144150 600 PIGS EYE LANDING Other Contracted Services Heritage Preservation
144151 2,488 QWEST Telephone Wireless Communication
144152 26 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation
144153 79 STAAF,CARTER Capital Under$2,000 Capital Impr./Maint.Fund
144154 7 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
144155 250 SUTTER,ROSS Other Contracted Services Staring Lake Concert
144156 9 TIME WARNER CABLE Cable TV Fire
144157 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance
144158 20,392 XCEL ENERGY Electric Community Center Maintenance
144159 549 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
144160 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
144161 250 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
144162 7,773 BELLBOY CORPORATION Transportation Den Road Liquor Store
144163 71 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store
144164 206 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store
144165 9,585 DAY DISTRIBUTING Beer Prairie View Liquor Store
144166 5,519 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
144167 16,511 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
144168 384 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
144169 715 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
144170 10,956 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store
144171 1,018 HOHENSTEINS INC Beer Den Road Liquor Store
144173 33,387 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
144174 331 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
144175 13,683 MARK VII Misc Taxable Prairie Village Liquor Store
144176 389 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
144177 6,948 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
144178 7,502 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store
144179 2,845 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
144180 11,489 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
144181 14,877 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
144182 1,491 WINE COMPANY,THE Wine Imported Prairie View Liquor Store
144183 5,009 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
144184 480 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
144185 2,329 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store
144186 180 A TO Z RENTAL CENTER Other Rentals Heritage Preservation
144187 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
144188 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
144189 64 ARVOLD,KATIE Mileage&Parking Afternoon Playground
144190 210 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
144191 90 CINGULAR WIRELESS Pager&Cell Phone Police
144192 50 CULLIGAN BOTTLED WATER Operating Supplies Fire
144193 500 EXPLORER POST 925 Miscellaneous Reserves
144194 387 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
144195 36,508 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
144196 213 HANLON,KIM Awards City Manager
144197 1,222 HARRIGAN,JOHN W Right of Way&Easement Improvement Projects 1996
144198 12 HENDRICKS,GAIL Program Fee Red Hat
144199 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning
144200 1,905 HENNEPIN COUNTY TREASURER Board of Prisoner Police
144201 5,732 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
144202 980 HICKEY,CLAIRE Right of Way&Easement Improvement Projects 1996
144203 36 IMAGETECH SERVICES Operating Supplies Park Maintenance
144204 104 LIGHTNING PRINTING INC Printing Summer Theatre
144205 15 MARTIN,MARY Program Fee Red Hat
144206 111 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance
144207 1,095 MICHAELSON,LIZ Clothing&Uniforms Summer Theatre
144208 108 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police
144209 1,048 O'TOOLE,MICHAEL Right of Way&Easement Improvement Projects 1996
144210 251 PARK NICOLLET CLINIC Other Contracted Services Risk Management
144211 55 PETSMART Canine Supplies Police
144212 59 PIZZA HUT Operating Supplies Teen Work Program
144213 40 SCADDEN,JENNA Clothing&Uniforms Police
144214 186 SCHAITBERGER,CHUCK Mileage&Parking Fire
Check# Amount Vendor/Explanation Account Description Business Unit
144215 8 SIMENSON,GLADYS Program Fee Classes/Programs/Events
144216 499 US POSTMASTER-HOPKINS Printing Senior Center Administration
144217 80 VANDENBERGHE,MARK Operating Supplies Fire
144218 58 WERTS,SANDY Mileage&Parking Arts
144219 2,110 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
144220 350 3CMA Dues&Subscriptions Communication Services
144221 2,750 APWA Conference Expense Engineering
144222 926 CIT Conference Expense Information Technology
144223 102 HAYES,JILL Program Fee Day Camp
144224 243 HENNEPIN CNTY TREAS-GENERAL Program Fee Day Camp
144225 99 ICAA Dues&Subscriptions Senior Center Administration
144226 145 IPMA-FIR Dues&Subscriptions Human Resources
144227 8 JOHNSON,ALICE Program Fee Classes/Programs/Events
144228 6 KLUTE,JOEL Program Fee Afternoon Playground
144229 16,500 LARIAT COMPANIES INC. Right of Way&Easement Improvement Projects 1996
144230 1,416 METRO SALES INCORPORATED* Other Rentals General
144231 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Den Road Liquor Store
144232 420 MINNESOTA STATE FIRE DEPT ASSN Dues&Subscriptions Fire
144233 1,020 MUHLHAUSER,WENDY Instructor Service Preschool Events
144234 1,044 PARK NICOLLET CLINIC Other Contracted Services General
144235 318 PETTY CASH Operating Supplies Tennis
144236 34 RUMFORD,JOAN Program Fee Red Hat
144237 92 SIMPLEXGRINNELL LP Supplies-Fire/Life/Safety Community Center Maintenance
144238 1,706 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
144239 101 TAHER INC CATERING Repair&Maint.Supplies Garden Room Repairs
144240 135 TIME WARNER CABLE Dues&Subscriptions City Clerk
144241 285 UNIVERSITY OF MINNESOTA Conference Expense Parks Administration
144242 238 US POSTMASTER-HOPKINS Postage Outdoor Center
144243 1,842 WHEELER LUMBER LLC Other Assets Park Acquisition&Development
144244 1,232 WM MUELLER AND SONS INC Landscape Materials/Supp Riley Lake
144245 18 WRENHOLT,DEBBIE Lessons&Classes Pool Lessons
144246 1,605 XCEL ENERGY Electric Den Road Liquor Store
144247 28 ZEE MEDICAL SERVICE Safety Supplies Senior Center Operations
144248 2,557 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM
144249 1,550 BOLD,PAULINE Instructor Service Outdoor Center
144250 14,241 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
144251 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
144252 350 FAHEY,LARRY Other Contracted Services City Manager
144253 91 GE CAPITAL Other Rentals General
144254 702 IBRAHIM,IKRAM Tuition Reimbursement/School In Service Training
144255 80 MCFERRIN,TANYA Instructor Service Outdoor Center
144256 177,405 MEDICA CHOICE Medical Bills Prepaid Health and Benefits
144257 385 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire
144258 80 NORCOSTCO Operating Supplies Arts Initiative
144259 100 OTTERNESS,RON Instructor Service Outdoor Center
144260 350 POP WAGNER INC Other Contracted Services City Manager
144261 79 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
144262 902 RICHARDSON,JIM instructor Service Summer Skill Development
144263 429 VANDENBERGHE,MARK Tuition Reimbursement/School In Service Training
144264 561 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store
144265 80 VERIZON WIRELESS Pager&Cell Phone Police
144266 1,440 WILLIAMS,LINDA D Tuition Reimbursement/School In Service Training
144267 1,036 WILSON,JOHN D. Tuition Reimbursement/School In Service Training
144268 18,529 XCEL ENERGY Electric City Hall-CAM
144269 1,008 CAMPBELL KNUTSON,P.A. Other Contracted Services WAFTA
144270 217 CARLSON,DAN Conference Expense Police
144271 8 COTY,LORRAINE Program Fee Classes/Programs/Events
144272 34 DISH NETWORK Cable TV Community Center Admin
144273 29,106 DRT TRANSPORT Other Contracted Services Lime Sludge
144274 452 DUALE,KHADRA Video&Photo Supplies Housing,Trans,&Human Sery
144275 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
144276 170 GINA MARIAS INC Conference Expense Water Utility-General
xP h'
144277 97 GUSTAD,MARK Tuition Reimbursement/School Police
144278 7,340 HENNEPIN COUNTY Deposits Escrow
144279 425 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
144280 4,072 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
144281 1,032 LEAGUE MN CITIES INS TRUST Insurance Risk Management
144282 100 LEN,RICHARD Refunds Environmental Education
144283 1,195 METRO SALES INCORPORATED* Other Rentals General
Check# Amount Vendor/Explanation Account Description Business Unit
144284 375 MRPA Conference Expense Parks Administration
144285 5,206 NORTHSHORE ADVISORS LLC Audit&Financial Finance
144286 100 NYBERG,MARY Refunds Environmental Education
144287 98 PETTY CASH-EPCC Training Supplies Pool Operations
144288 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
144289 7 PRAIRIE LAWN AND GARDEN Equipment Parts Water System Maintenance
144290 8,023 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
144291 7,432 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
144292 100 SCHWITZER,JAMES Refunds Environmental Education
144293 252 STENSGAARD,STEVE Awards Horseshoes
144294 80 ULI MINNESOTA Conference Expense Economic Development
144295 1,000 UNIVERSITY OF MINNESOTA Deposits Escrow
144296 1,000 UNIVERSITY OF MINNESOTA-DULU Deposits Escrow
144297 108 VERIZON WIRELESS Pager&Cell Phone Water Utility-General
144298 3,412 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant
144299 402 WALMART COMMUNITY Operating Supplies Youth Programs Administration
144300 1,332 XCEL ENERGY Electric Purgatory Creek Rec Area
144301 469 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
144302 135 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
144303 257 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
144304 5,625 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
144305 80 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
144306 14,834 DAY DISTRIBUTING Beer Prairie Village Liquor Store
144307 4,475 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
144308 10,400 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
144309 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
144310 2,266 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
144311 8,291 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
144313 26,717 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store
144314 298 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
144315 23,770 MARK VII Beer Prairie View Liquor Store
144316 1,346 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
144317 1,943 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
144318 4,681 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
144319 13,325 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
144320 8,153 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
144321 18,613 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store
144322 444 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
144323 23,039 THORPE DISTRIBUTING Beer Den Road Liquor Store
144324 181 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
144325 7,911 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
144326 299 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
144327 38 BRIDENSTEINE,CHELSEA Other Contracted Services Teen Work Program
144328 33 GOODWIN,MATTHEW Other Contracted Services Teen Work Program
144329 52 HANSON,NOEL P Other Contracted Services Teen Work Program
144330 75 HYDE-STRAND,ALEXANDRA L Other Contracted Services Teen Work Program
144331 15 KEIVES,ANDREW L Other Contracted Services Teen Work Program
144332 85 KEPPEL,KYLA A Other Contracted Services Teen Work Program
144333 123 KIERSTEAD,CHRISTY Other Contracted Services Teen Work Program
144334 83 KISSINGER,SAMANTHA Other Contracted Services Teen Work Program
144335 82 NEILSON,KEVIN Other Contracted Services Teen Work Program
144336 73 NELSON,REBECCA E Other Contracted Services Teen Work Program
144337 43 O'BRIEN,NOLAN Other Contracted Services Teen Work Program
144338 28 SHAW,KENDRA Other Contracted Services Teen Work Program
144339 97 SKOBOV,MICHAEL E Other Contracted Services Teen Work Program
144340 5 YEAROUS,NICHOLAS S Other Contracted Services Teen Work Program
144342 163 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
144343 759 COSTCO Awards City Manager
144344 12 HAMMERSCHMIDT,RICK Operating Supplies Fire
144345 19 HEDDLE,ALLEN Operating Supplies Telephone
144346 50 KLEMP,JEANNE Employee Award Human Resources
144347 79,141 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management
144348 1,989 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
144349 975 MRPA Conference Expense Recreation Administration
144350 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
144351 327 NORTHWEST BUSINESS SYSTEMS Contract Svcs-General Bldg Den Road Budding
144352 245 PROP United Way Withheld General Fund
144353 3,615 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
144354 98 STATE OF MINNESOTA Operating Supplies Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
144355 273 UNITED WAY United Way Withheld General Fund
144356 299 AMERICAN SOCIETY OF CIVIL ENGI Conference Expense Engineering
144359 8,671 BIFFS INC Waste Disposal Park Maintenance
144360 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
144361 48 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant
144362 122 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
144363 13 FLARE HEAPING Cash Over/Short General Fund
144364 431 FREY,LYNDELL Mileage&Parking Athletic Programs Admin
144365 350 GEIS,SARA Parking Permits Parking
144366 1,737 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
144367 31 HOFFMAN REFRIGERATION&HTG Cash Over/Short General Fund
144368 10 JOE&SON'S HTG&AC Mechanical Permits General Fund
144369 1,400 KING,RUBY A Other Contracted Services City Manager
144370 2,610 LACROSSE UNLIMITED Instructor Service Athletics
144371 30 METRO GENERAL SERVICES Plumbing Permits General Fund
144372 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance Information Technology
144373 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
144374 60 MON-RAY INC Building Permits General Fund
144375 72 OWEN'S SERVICES CORP Mechanical Permits General Fund
144376 2,363 PLANET SPIRIT Instructor Service Summer Skill Development
144377 47 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
144378 180 QWEST Telephone Water Utility-General
144379 275 REED BUSINESS INFORMATION Legal Notices Publishing Capital Impr./Maint.Fund
144380 62 RON'S MECHANICAL INC Mechanical Permits General Fund
144381 518 SCHULTIES PLUMBING Plumbing Permits General Fund
144382 2,016 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis
144383 271 STEFFEN,SCOTT Facility Rentals Ice Arena
144384 5,000 THERARISING INC Other Contracted Services Water Utility-General
144385 110 TIME WARNER CABLE Operating Supplies Fire
144386 27 UPS Postage Fire
144387 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin
144388 13 WALTER MECHANICAL Cash Over/Short General Fund
144389 257 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration
144390 60 XCEL ENERGY Electric Traffic Signals
144391 1,000 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
144392 1,430 BLOOMINGTON,CITY OF Kennel Services Animal Control
144393 375 BOLD,PAULINE Instructor Service Outdoor Center
144394 50 CAMPOS,LORI Instructor Service Outdoor Center
144395 256 CUB FOODS EDEN PRAIRIE Operating Supplies Police
144396 6,093 DELL Computers Information Technology
144397 5,031 ELAN FINANCIAL SERVICES Conference Expense Assessing
144398 900 FOX VALLEY TECHNICAL COLLEGE Tuition Reimbursement/School Police
144399 85 GE CAPITAL Other Rentals General
144401 732 GENUINE PARTS COMPANY Equipment Parts Fleet Services
144402 1,710 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
144403 888 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Park Shelters
144404 255 IAFCI MINNESOTA Tuition Reimbursement/School Police
144405 54 JOHNSON,KIM Mileage&Parking Communication Services
144406 25 LAW ENFORCEMENT COORDINATING C Tuition Reimbursement/School Police
144407 100 LEN,RICHARD Refunds Environmental Education
144408 30 MMRF#3105 Tuition Reimbursement/School Police
144409 79 MOTOROLA Equipment Repair&Maint Wireless Communication
144410 286 PETTY CASH-CARLA KRESS Operating Supplies Senior Board
144411 344 PITNEY BOWES INC Other Rentals General
144412 55 QWEST Telephone Forest Hills Park
144413 160 STEINER,SHARON Operating Supplies Classes/Programs/Events
144414 100 VOLUNTEERS OF AMERICA False Alarm Fees General Fund
144415 68 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
144416 413 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
144417 127 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
144418 282 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
144419 6,014 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store
144420 11,808 DAY DISTRIBUTING Beer Prairie View Liquor Store
144421 2,288 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
144422 12,326 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
144423 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
144424 227 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
144425 638 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
144426 2,440 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
144427 13,175 GRIGGS COOPER&CO Liquor Den Road Liquor Store
144428 1,245 HOHENSTEINS INC Beer Prairie Village Liquor Store
144430 28,768 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
144431 21,129 MARK V1I Beer Prairie View Liquor Store
144432 204 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store
144433 552 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
144434 314 MORAN USA,LLC Misc Taxable Den Road Liquor Store
144435 2,600 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
144436 19,910 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
144437 762 PRIOR WINE COMPANY
Wine Domestic Den Road Liquor Store
144438 12,843 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
144439 21,871 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
144440 929 WINE COMPANY,THE Wine Imported Den Road Liquor Store
144441 2,225 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
144442 1,187 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store
144443 348 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
144444 802 A P LAWN INC Contract Svcs-Lawn Maint. City Hall-CAM
144445 220 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
144446 79 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance
144447 384 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station 41
144448 64 ACTIVAR Repair&Maint.Supplies Water Treatment Plant
144449 202 ACTIVE NETWORK INC,THE Office Supplies Community Center Admin
144450 820 ACV Other Contracted Services Rehab
144451 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store
144452 11 AIRTEC INC Equipment Parts Fleet Services
144453 273,676 ALLIED BLACKTOP CO Seal Coating Street Maintenance
144454 367 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture
144455 10,868 AMERICAN LIBERTY CONSTRUCTION, Improvements to Land Park Acquisition&Development
144456 967 AMERICAN RED CROSS Safety Supplies Pool Operations
144457 118 AMERICAN SPECIALTY DOOR SYSTEM Equipment Repair&Maint Water Treatment Plant
144458 4,050 AMERICAN WATERWORKS ASSOCIATI Dues&Subscriptions Water Utility-General
144459 2,259 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
144460 1,103 AMTECH LIGHTING SERVICES Other Contracted Services Miller Park
144461 650 ANCHOR PAPER COMPANY Office Supplies General
144462 294 ANCHOR PRINTING COMPANY Printing Communication Services
144463 330 ANDERBERG,CRAIG W. Other Contracted Services Softball
144464 5 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance
144465 324 ASPEN EQUIPMENT CO. Equip
ment Repair&Maint Fleet Services
144466 6,360 AWWA RESEARCH FOUNDATION Dues&Subscriptions Water Utility-General
144467 9,310 AXEL H OHMAN INC Contract Svcs-Asphalt/Concr. Fire Station#2
144468 255 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services
144469 5,095 BAY WEST Equipment Repair&Maint Water Treatment Plant
1.44470 266 BENIEK PROPERTY SERVICES INC. Contract Svcs-Asphalt/Concr. Den Bldg.-CAM
144471 369 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
144472 170 BETTER BUSINESS GUIDE INC Operating Supplies Senior Center Administration
144473 88 BLACK BOX NETWORK SERVICES Operating Supplies Wireless Communication
144474 13 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations
144475 378 BONGAARTS,TONY Other Contracted Services Volleyball
144476 127 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
144477 533 BRAUN INTERTEC CORPORATION Other Contracted Services Water Treatment Plant
144478 920 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals
144479 350 BROWN,PAUL Other Contracted Services Volleyball
144480 1,726 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance
144481 247 CARLSON,KAREN Clothing&Uniforms Police
144482 7,957 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage
144483 250 CHUCK'S EXCAVATING INC Other Contracted Services Park Maintenance
144484 51 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre
144485 2,018 CLAREYS INC Office Supplies General
144486 654 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store
144487 71 CONCRETE CUTTING&CORING INC Equipment Repair&Maint Fleet Services
144488 948 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant
144489 15 CONSTRUCTION MATERIALS INC Building Materials Park Maintenance
144490 4,244 CORPORATE EXPRESS Office Supplies Police
144491 1,994 COUNTRYSIDE HEATING Other Contracted Services Rehab
144492 720 CURTIS 1000 INC Office Supplies General
144493 123 CUSTOM REFRIGERATION INC Contract Svcs-Plumbing Fire Station 41
144494 20,817 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
144495 955 CY'S UNIFORMS Clothing&Uniforms Reserves
144496 1,844 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
144497 498 DALE GREEN COMPANY,THE Landscape Materials/Supp Purgatory Creek Rec Area
144498 1,477 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM
144499 257 DELEGARD TOOL CO Operating Supplies Police
144500 930 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant
144501 127 DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Administration
144502 87 DITCH WITCH OF MINNESOTA INC Equipment Parts Fleet Services
144503 28,238 DIVERSE BUILDING MAINTENANCE Janitor Service City Hall-CAM
144504 2,866 DNR SCREEN PRINTING INC Special Event Fees Softball
144505 362 DOHERTY,SANDRA L Other Contracted Services Volleyball
144506 1,985 EARL F ANDERSEN INC Signs Traffic Signs
144507 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council
144508 58 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting
144509 4,365 EF JOHNSON Operating Supplies Wireless Communication
144510 222 EMEDCO Operating Supplies Water Treatment Plant
144511 447 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM
144512 50 ERICKSEN,LIZ Other Contracted Services Volleyball
144513 924 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage
144514 3,592 ESCHELON TELECOM INC Operating Supplies Telephone
144515 460 ETHANOL PRODUCTS LLC Chemicals Water Treatment Plant
144516 87 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services
144517 286 FALCK,TIMOTHY R Other Contracted Services Softball
144518 56 FERRELLGAS Motor Fuels Ice Arena Maintenance
144519 31 FERRELLGAS Motor Fuels Ice Arena Maintenance
144520 7,860 FINLEY BROS INC Seal Coating Willow Park
144521 620 FLYING CLOUD T/S 4U70 Waste Disposal Park Maintenance
144522 1,010 FORD,GARY Other Contracted Services Park Maintenance
144523 607 G&K SERVICES Clothing&Uniforms General Facilities
144524 1,737 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
144525 5,212 GALE-TEC ENGINEERING INC Improvements to Land Capital Impr./Maint.Fund
144526 136 GALLS INC Clothing&Uniforms Police
144527 220 GARDEN&ASSOC INC Other Contracted Services Police
144528 315 GEBO,ROBERT L. Other Contracted Services Softball
144529 18 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services
144530 1,830 GEOMATRTXCONSULTANTS INC Other Contracted Services WAFTA
144531 337 GERTENS Landscape Materials/Supp Park Maintenance
144532 182 GINA MARTAS INC Operating Supplies Fire
144533 400 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow
144534 874 GRAINGER Operating Supplies Traffic Signs
144535 269 GRAPHIC SOURCE INC Printing International Festival
144536 189 GREEN LIGHTS RECYCLING INC Other Contracted Services Prairie View Liquor Store
144537 120 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
144538 198 HALL,DERRECK Other Contracted Services Softball
144539 12,290 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development
144540 63 HANSON,RUSSELL W Mileage&Parking Senior Center Administration
144541 34,712 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
144542 10,556 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant
144543 33 HAYDEN-MURP14Y EQUIPMENT COMPAN Equipment Parts Fleet Services
144544 116 HENRY,PAUL Other Contracted Services Softball
144545 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
144546 528 HOLMES,JOHN CARTER Other Contracted Services Softball
144547 330 HOLMES,TOM Other Contracted Services Softball
144548 620 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance
144549 289 HYDROLOGIC Repair&Maint.Supplies Franlo Park
144550 680 ICE SKATING INSTITUTE Operating Supplies Ice Arena
144551 1,453 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant
144552 10,282 IND SCHOOL DIST 272 Video&Photo Supplies Summer Safety Camp
144553 655 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services
144554 1,051 INSIGHT PUBLIC SECTOR Other Hardware Information Technology
144555 180 INTERPRETATIONS Other Contracted Services Police
144556 219 ITL PATCH COMPANY INC Clothing&Uniforms Police
144557 432 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
144558 533 J&D WINDOW CLEANING Janitor Service-General Bldg Senior Center
144559 849 JANEX INC Cleaning Supplies Community Center Maintenance
144560 7,053 JEFFERSON FIRE&SAFETY INC Small Tools Fire
144561 618 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
144562 7 JUSTUS LUMBER COMPANY Building Materials Street Maintenance
144563 150 KIND,DEBRA Other Contracted Services Cummins House Special Events
144564 410 KUSTOM SIGNALS INC Equipment Repair&Maint Police
144565 633 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
144566 72 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant
144567 4,136 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
144568 2,881 LANDS END CORPORATE SALES Clothing&Uniforms Police
144569 1,600 LARRY HAWES CONSTRUCTION Other Contracted Services Rehab
144570 797 LC COMMUNICATIONS Other Contracted Services Capital Impr./Maint.Fund
144571 91 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
144572 5,418 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services
144573 628 LYNN'S FLOWER DESIGN Contract Svcs-Lawn Maint. City Hall-CAM
144574 809 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
144575 108 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police
144576 2,316 MAXI-PRINT INC Printing Police
144577 300 MAYER DISTRIBUTING Other Contracted Services Rehab
144578 1,442 MAYER LUMBER CO INC Other Contracted Services Rehab
144579 931 MENARDS Operating Supplies Street Maintenance
144580 1,152 METROPOLITAN FORD Equipment Parts Fleet Services
144581 10,119 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
144582 40 MIDWEST DESIGN CO Printing Finance
144583 390 MIDWEST OVERHEAD CRANE Equipment Testing/Cert. Water Treatment Plant
144584 350 MIDWEST TAPE&RIBBON INC Advertising Prairie Village Liquor Store
144585 690 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund
144586 3,770 MINNESOTA/WISCONSIN PLAYGROU Operating Supplies Park Maintenance
144597 57 MINNESOTA CHIEFS OF POLICE ASS Printing Police
144588 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample
144589 318 MINNESOTA GLOVE INC Safety Supplies Fleet Services
144590 256 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
144591 134 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance
144592 1,199 MTI DISTRIBUTING INC Equipment Parts Fleet Services
144593 2,352 NATIONAL WATERWORKS Repair&Maint.Supplies Storm Drainage
144594 340 NOKOMIS SHOE SHOP Clothing&Uniforms Water Utility-General
144595 49 NORCOSTCO Operating Supplies Arts Initiative
144596 939 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
144597 421 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone
144598 37 NORTHWEST LASERS INC Operating Supplies Park Maintenance
144599 142 NUCO2 INC Chemicals Pool Maintenance
144600 194 OFFICE DEPOT Operating Supplies Summer Safety Camp
144601 721 OLSEN COMPANIES Landscape Materials/Supp Street Maintenance
144602 43 ORIENTAL TRADING COMPANY INC Operating Supplies Outdoor Center
144603 232 OSI BATTERIES INC Equipment Parts Fleet Services
144604 4,995 OWEN'S SERVICES CORP Other Contracted Services Rehab
144605 38,496 PARROTT CONTRACTING INC Other Contracted Services Park Maintenance
144606 120 PAUTZ,ROGER Instructor Service Summer Skill Development
144607 225 PC MALL Other Hardware Information Technology
144608 747 PCS TECHNOLOGIES INC Other Hardware Capital Impr./Maint.Fund
1.44609 3,515 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Park Facilities
144610 2,066 PRAIRIE ELECTRIC COMPANY Equipment Parts Water Treatment Plant
144611 134 PRAIRIE LAWN AND GARDEN Equipment Repair&Maim Park Maintenance
144612 1,345 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
144613 68 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
144614 137 PUBLIC SAFETY CENTER INC Equipment Parts Fleet Services
144615 48 PULSTAR Other Hardware Information Technology
144616 4,468 PUSH PEDAL PULL Other Assets Aquatics&Fitness Admin
144617 360 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation
144618 800 RAY,LEE Other Contracted Services Softball
144619 1,055 REBS MARKETING Other Contracted Services Water Accounting
144620 228 REED BUSINESS INFORMATION Legal Notices Publishing Park Acquisition&Development
144621 400 RESCUE PHONE INC Capital Under$2,000 Police
144622 40 RICH APPAREL GROUP SALES Miscellaneous Communication Services
144623 181 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
144624 84 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
144625 12,102 RMR SYSTEMS INC Merchandise for Resale Water Meter Reading
144626 254 ROOT 0 MATIC Contract Svcs-Plumbing Senior Center
144627 405 S&S WORLDWIDE Recreation Supplies Oak Point Lessons
144628 216 SANTJER,JESSICA Other Contracted Services Volleyball
144629 27 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
144630 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services
144631 2,780 S14ANNON CHEMICAL CORPORATION Chemicals Water Treatment Plant
144632 69 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals
144633 66 SHRED-IT Waste Disposal City Center Operations
144634 466 SMITH&WESSON ACADEMY Equipment Repair&Maint Police
Check# Amount Vendor/Explanation Account Description Business Unit
144635 3,409 SMITH,KURT Other Contracted Services Rehab
144636 281 SNAP-ON TOOLS Small Tools Fleet Services
144637 500 SOUTHWEST SUBURBAN PUBLISHING- Printing International Festival
144638 118 SPS COMPANIES Repair&Maint.Supplies Park Maintenance
144639 96,410 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction
144640 13,483 STAHL CONSTRUCTION Contract Svcs-Gen.Bldg City Center Operations
144641 5,929 STANDARD HEATING&AIR COND CO Other Contracted Services Rehab
144642 5,549 STANDARD HEATING&AIR COND CO Other Contracted Services Rehab
144643 216 STAR TRIBUNE Dues&Subscriptions Communication Services
144644 747 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Water Treatment Plant
144645 241 STERICYCLE INC Other Contracted Services Police
144646 3,244 STRETCHERS Clothing&Uniforms Police
144647 939 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services
144648 1,191 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services
144649 3,446 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
144650 565 SUN NEWSPAPERS Employment Advertising Human Resources
144651 569 SWAGELOK Repair&Maint.Supplies Water Treatment Plant
144652 165 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center
144653 321 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant
144654 227 TESSCO Equipment Parts Wireless Communication
144655 1,134 TESSMAN SEED CO Chemicals Park Maintenance
144656 167 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM
144657 1,271 TIMBERWALL LANDSCAPING INC Building Materials Park Acquisition&Development
144658 5,289 TKDA Design&Engineering Utility Improvement Fund
144659 46 TOTAL REGISTER Operating Supplies Den Road Liquor Store
144660 498 TOTAL RENTAL Other Rentals International Festival
144661 24,415 TRANS ALARM INC Building Water Treatment Plant
144662 71 TRANSPORT GRAPHICS Printing Fire
144663 3,529 TRI STATE PUMP&CONTROL Contract Svcs-Plumbing Fire Station#1
144664 100 TWIN CITY OXYGEN CO Equipment Parts Fleet Services
144665 28 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
144666 1,583 UNIFORMS UNLIMITED Clothing&Uniforms Police
144667 46 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
144668 3,786 VISIONARY SYSTEMS LTD. Software Capital Impr./Maint.Fund
144669 1,846 VOHS,KIM Other Contracted Services Rehab
144670 748 VOIGHT,JEFF Other Contracted Services Softball
144671 613 VOSS LIGHTING Supplies-Electrical Community Center Maintenance
144672 545 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance
144673 1,720 WATER SPECIALTY OF MN INC Repair&Maint.Supplies Pool Maintenance
1.44674 11,743 WELLINGTON WINDOWS Other Contracted Services Rehab
144675 2,080 WHEELER LUMBER LLC Improvement Contracts CIP Trails
144676 278 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance
144677 7,839 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
144678 60 WORM,SANDY Operating Supplies Park Maintenance
144679 268 WUOLLET BAKERY INC Awards City Manager
144680 11,616 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks
144681 1,033 ZIEGLER INC Other Rentals International Festival
2,869,003 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions September 6, 2005
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XI. A.
Scott Neal, Resolution Supporting,Advocating and Urging
City Manager the Minnesota State Legislature to Enact a
Statewide Smoke-Free Law Prohibiting
Smoking in Places of Employment and
Restaurants
Requested Action:
Move to: Adopt the Resolution supporting,advocating and urging the Minnesota State Legislature to enact a
statewide smoke-free law prohibiting smoking in places of employment and restaurants.
Synopsis:
The Mayor has asked for the City Council to reaffirm its support for a resolution advocating for a statewide
smoking ban on Minnesota bars and restaurants. The original resolution was adopted by the City Council
on October 1, 2002.
Attachment:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2005-
RESOLUTION SUPPORTING,ADVOCATING AND URGING THE MINNEOSTA
STATE LEGISLATURE TO ENACT A STATE WIDE SMOKE FREE LAW
PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the
"City"), as follows:
WHEREAS The Eden Prairie City Council does hereby find that:
(1) Numerous studies have found that tobacco smoke is a major contributor to
indoor air pollution, and that breathing secondhand smoke (also known as
environmental tobacco smoke) is a cause of disease in healthy
nonsmokers, including heart disease, stroke, respiratory disease, and lung
cancer. The U.S. Surgeon General has determined that secondhand smoke
is responsible for the early deaths of 65,000 Americans annually.
(2) The Public Health Service's National Toxicology Program has listed
secondhand smoke as a known carcinogen(U.S. DHHS, 2000, citing Cal.
EPA, 1997).
(3) Secondhand smoke is particularly hazardous to elderly people, individuals
with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease.
Children exposed to secondhand smoke have an increased risk of asthma,
respiratory infections, sudden infant death syndrome, developmental
abnormalities, and cancer.
(4) The Americans With Disabilities Act,which requires that disabled persons
have access to public places and workplaces, deems impaired respiratory
function to be a disability.
(5) The U.S. Surgeon General has determined that the simple separation of
smokers and nonsmokers within the same air space may reduce,but does
not eliminate,the exposure of nonsmokers to secondhand smoke. The
Environmental Protection Agency has determined that secondhand smoke
cannot be reduced to safe levels in businesses by high rates of ventilation.
Air cleaners, which are only capable of filtering the particulate matter and
odors in smoke, do not eliminate the known toxins in secondhand smoke.
(6) A significant amount of secondhand smoke exposure occurs in the
workplace. Employees who work in smoke-filled businesses suffer a 25-
50%higher risk of heart attack and higher rates of death from
cardiovascular disease and cancer, as well as increased acute respiratory
disease and measurable decrease in lung function.
(7) Smoke-filled workplaces result in higher worker absenteeism due to
respiratory disease, lower productivity, higher cleaning and maintenance
costs, increased health insurance rates, and increased liability claims for
diseases related to exposure to secondhand smoke.
(8) Smoking is a potential cause of fires; cigarette and cigar burns and ash
stains on merchandise and fixtures causes economic damage to businesses.
WHEREAS, Eden Prairie residents and business community are concerned that the
enactment of a local ordinance prohibiting smoking in places of employment and restaurants will
have a negative effect on the community's businesses because businesses in adjacent
communities will not be subject to the same regulation; and
WHEREAS, the Eden Prairie City Council has heard from many residents and businesses
that a state wide smoke free law is more appropriate than a local ordinance so as to not place at a
disadvantage the businesses of this or any other individual community; and
WHEREAS the City deems it prudent,reasonable and necessary to support, advocate and
urge the passage of state wide legislation(1) to protect the public health and welfare by
prohibiting smoking in public places and places of employment; and(2) to guarantee the right of
nonsmokers to breathe smoke free air, and to recognize that the need to breathe smoke free air
shall have priority over the desire to smoke; and
WHEREAS, Hennepin County implemented a successful initiative on March 1, 2005, to
ban tobacco smoke from Hennepin County bars and restaurants; and
WHEREAS, the Eden Prairie City Council has previously adopted 2002-173 on October
1, 2002, urging the Minnesota State Legislature to enact a statewide smoking ban for Minnesota
restaurants and bars.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE
MINNESOTA THAT:
The City Council hereby reaffirms its support for and urges the Minnesota State
Legislature to enact during the 2006 Legislative Session a law establishing all Minnesota places
of employment and restaurants as tobacco smoke free.
ADOPTED b th
e he City Council on September 6, 2005.
Y Y p
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. B.
Community DevelopmentfPlanning Ordinance Change—2nd Reading
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
■ Approve the 2nd Reading of the Ordinance Amending City Code chapters 2 and 11
relating to non-conforming uses and signs; and
■ Adopt the Resolution approving Summary Ordinance for publication.
Synopsis
The first reading of this ordinance was held under the Public Hearing section of this meeting.
Attachments
1. Proposed ordinance
2. Resolution Approving Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE -2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO THE BOARD OF ADJUSTMENTS AND
APPEALS; CHAPTER 11, SECTION 11.02, 42 DEFINING NON-CONFORMING USE
AND ADDING 11.02, 68 DEFINING "PLACES OF WORSHIP; SECTION 11.03, 11.06,
11.35 AND 11.70 CHANGING ALL REFERENCES TO THE WORD "CHURCHES" TO
"PLACES OF WORSHIP"; SECTION 11.75 RELATING TO NON-CONFORMING
USES; SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Section 2.26 is amended by amending the first sentence of Subd. 2.
following its caption to read as follows:
The Board shall hear and decide matters relating to City Code Chapters 11
(Zoning) and 12 (Subdivision Regulations [Platting] ) and other matters specified
in this Section and as otherwise provided by the City Code and building and fire
codes ("Building and Fire Codes").
Section 2. City Code Section 2.26, Subd. 2. B. is amended to read as follows:
Special Procedures applicable to Appeals and Requests for Variances
relating to Signs and other Requests for Variances Related to Zoning. In
Cases of (a) appeals and requests for variances relating to signs and (b) other
requests for variances related to zoning, the following procedures and rules to the
extent they may be inconsistent with City Code Section 2.26 Subd. 2. A., 2. and 3.
shall apply:
1. The Board shall approve or deny the appeal or request within sixty (60)
days of the filing by the appellant or the requester of a complete
application with the City ("60-day period"). If the appeal or request is
denied by the Board, it shall state in writing the reasons for the denial at
the time it denies the appeal or request. The decision of the Board shall
become final upon the earlier of(a) 15 days after the decision or (b) the
end of the 60-day period.
2. The Council may elect to review the decision of the Board. The election
must be made (a) within 15 days after the decision of the Board and (b)
prior to the end of the 60-day period. If the Council elects to review the
decision of the Board, the review by the Council shall be completed within
the 60-day period. If the Council denies the appeal, request or variance, it
shall state in writing the reasons for the denial at the time it denies the
request.
3. The appellant or requestor may appeal a decision of the Board to the
Council within ten (10) days after the decision by the Board. The Council
shall complete its review of an appeal of a decision of the Board and
approve or deny the appeal, request or variance within the 60-day period.
If the Council denies the variance it shall state in writing the reasons for
the denial at the time of the denial.
4. The 60-day period may be extended before the end of the period by
providing written notice of the extension to the appellant or requester. The
notification must state the reasons for the extension and its anticipated
length, which may not exceed sixty (60) days unless approved by the
appellant or requester. The 60-day period may also be extended as
provided by Minn. Stat. § 15.99.
Section 3. City Code Section 11.02 42. is amended to read as follows:
42. 'Non-Conforming Use" - A non-conforming use is the lawful use or
occupation of land or premises existing at the time of the adoption of a
provision of the City Code which, upon the adoption of the provision, the
use or occupation of the land or premises is not in conformity.
Section 4. City Code Section 11.02 is amended by adding subpart 68 as follows:
68. "Places of Worship"—a tax exempt institution that people regularly attend
to participate in or hold religious services meetings, and other activities related to
religious ceremonies.
Section 5: City Code Section 11.03, Subd. 3. HA.g. shall be amended by substituting for the
word"Churches,"the words "Places of Worship".
Section 6: City Code Section 11.06, Subd. 5. D.and Subd. 6.2. shall be amended by
substituting for the word"Churches,"the words"Places of Worship".
Section 7. City Code Section 11.35, Subd. 2. C. shall be amended by substituting for the
word "Churches,"the words"Places of Worship".
Section 8. City Code Section 11.70 shall be amended as follows: There shall be substituted
for the word "Churches," the words "Places of Worship" where it appears in the
following:
Subd.2., 7.; Subd. 3. T.; Subd. 4.F. 3.; and Subd.4.F.6
Section 9. City Code Section 11.70, Subd.2., 43. is amended to read as follows:
43. "Commercial Speech" - Speech or graphics advertising a business,
profession,commodity, service or entertainment.
Sectionl0. City Code Section 11.70, Subd. 3. C is amended to read as follows:
"No illuminated sign which changes in either color or intensity of light, flashes,
scrolls, or is animated shall be permitted."
Section 11. City Code Section 11.70, Subd. 3., D. is amended to read as follows:
D. No sign other than those directing vehicle or pedestrian movements or
pertaining to traffic control or safety shall be erected or temporarily placed
within any street right-of-way or upon any public easement.
Section 12. City Code Section 11.70 Subd. 3. G. is amended to read as follows:
"Air inflated devices, banners, pennants and whirling devices, or any such sign
resembling the same, are prohibited from use within the City."
Section 13. City Code Section 11.70, Subd. 3., L. is amended to read as follows:
L. Up to three flags containing Non-Commercial Speech only may be
displayed upon a lot. Each flag may not exceed one hundred (100) square
feet in size. Flag pole height must comply with height regulations
contained in Section 11.03, Subd. 3. F. of the City Code.
Section 14.
CityCode Section 11.70 Subd. 3. II 'b . is amended to read as follows:
II. Notwithstanding anything to the contrary in this Section, signs containing
Non-Commercial Speech are permitted in all Districts and are subject to
only the following Subsections of Section 11.70, Subd. 3: B, C, D, E, F,
G, H, L, M, O, Q, V, W, X, Z and AA. Non-commercial signs are also
subject to individual District setback and height regulations. The owner of
any sign which is otherwise allowed by this Code may substitute non-
commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional
approval or permitting. The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over non-commercial speech,
or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific
provision to the contrary.
Section 15. City Code Section 11.70, Subd. 4.B.4 is deleted.
Section 16. City Code Section 11.70, Subd. 4. B. 7 is amended by adding to the end thereof
the following sentence:
Except as otherwise provided in Subd. 3, other temporary signs may occupy the
remainder of the area allowed but not utilized for a permanent sign, provided that
the total area for any temporary sign shall never exceed fifty square feet."
Section 17. City Code Section 11.70, Subd. 4. F. 5 is amended by deleting the words "special
event" in the first line.
Section 18. City Code Section 11.70, Subd. 5. A. is amended to read as follows:
Permits. Except as provided in Subparagraph D below, the owner or occupant of
the premises on which a sign is to be displayed, or the owner or installer of such
sign, shall file application with the City for permission to display such sign.
Permits must be acquired for all existing, new, relocated, modified or redesigned
signs except those specifically excepted below. The applicant shall submit with
the application, a complete description of the sign and a sketch showing its size,
location, manner of construction and such other information as shall be necessary
to inform the Building Official of the kind, size, material, construction and
location of the sign. The applicant shall also submit at the time of application, the
application fee required under Subparagraph B below. The City Manager or the
City Manager's designee shall approve or deny the sign permit no more than 30
days from the receipt of the complete application, including applicable fee. If a
sign authorized by permit has not been installed within three months after the date
of issuance of said permit,the permit shall become null and void.
Section 19. City Code Section 11.70, Subd. 5.B. is amended to read as follows:
Fees. An application or request for an amendment of this Section or for a permit,
variance or other approval relating to this Section shall be set by the Council
by ordinance.
Section 20. City Code Section 11.70, Subd. 5. D is amended by adding Section 11.70 Subd. 5.
D. 7 as follows:
"Signs six(6) square feet or less in size."
Section 21. City Code Section 11.70, Subd. 5. D. 2. is amended to read as follows: Signs,
erected by a governmental unit or public school district.."
Section 22. City Code Section 11.70, Subd. 5. D. 3. is amended to read as follows:
"Temporary signs as listed in Subdivision 3, Subparagraph H,I, J,K and Y."
Section 23. City Code Section 11.70, Subd. 5. E. 3. is amended to read as follows:
3. Appeals and Variances. A permit applicant or permit holder may appeal
any order or determination made by the Chief Building Official or a
deputy pursuant to this Section by filing a written appeal with the City
Clerk within ten (10) days of the mailing of notice of the order or
determination to the applicant or holder. A notice of appeal shall be in
writing and must be personally served upon the City Clerk or deputy
within the time provided. A permit applicant or permit holder may also
request a hearing for a variance from the literal terms of this Section
before the Board of Appeals and Adjustments by filing a form provided by
the City and paying the prescribed fees to the City Clerk. Request for
variances from the literal provisions of this Section shall only be granted
in accordance with City Code Section 2.26.
Section 24. City Code Section 11.70, Subd. 5, E. 4 is amended to read as follows:
With respect to signs distributed or posted by a person, committee, or
organization except pursuant to a lease or license with the property owner,the
written notice of violation required by Subd. S.E. herein may be given to the
person, committee or organization who prepares, disseminates, issues, posts,
installs or owns the sign, or the persons, committee or organization who causes
the preparation, dissemination, issuance, posting, or installation of the sign, or the
owner or occupant of the premises on which such sign is displayed. If such
person, committee, organization, owner or occupant fails to remove or alter the
sign so as to comply with the provision set forth in this Section within 3 days
following receipt of said notice,then such failure is deemed unlawful and such
persons, committee, organization, owner, or occupant shall be subject to the same
liabilities and penalties as are permittees and owners under Subd. S.E. 1. and 2.
Section 25. City Code Section 11.70, Subd. 6. is repealed in its entirety.
Section 26. City Code Section 11.75 is amended to read as follows:
SECTION 11.75 NON-CONFORMING USES
Subd. 1. Non-conforming uses may be continued, including through repair,
replacement, restoration, maintenance or improvement, but not including
expansion, unless
(a) a non-conforming use is discontinued for a period of more than
one year; or
(b) the non-conforming use is destroyed by fire or other peril to the
extent that greater than fifty percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged. In the event a building permit has been
applied for within the 180 days, the City may impose reasonable
conditions upon the building permit in order to mitigate any newly
created impact on adjacent property.
Section 27. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled
"Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated
verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6`h
day of September, 2005 and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of 52005.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2005.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 17-2005
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 17-2005 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 17-2005 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 6 h day of September, 2005.
NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. 17-2005 is lengthy and contains charts.
B. The text of summary of Ordinance No.17-2005, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie Sun Current in
a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance 17-2005 shall be recorded in the Ordinance Book, along with proof of
publication,within twenty(20) days after said publication.
ADOPTED by the City Council on September 6, 2005.
Nancy Tyra-Lukens, Mayor
(Seal)
ATTEST:
Kathleen Porta, Clerk
EXHIBIT A
SUMMARY OF ORDINANCE 17-2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO THE BOARD OF ADJUSTMENTS AND
APPEALS; CHAPTER 11, SECTION 11.02, 42 DEFINING NON-CONFORMING USE
AND ADDING 11.02, 68 DEFINING "PLACES OF WORSHIP; SECTION 11.03, 11.06,
11.35 AND 11.70 CHANGING ALL REFERENCES TO THE WORD "CHURCHES" TO
"PLACES OF WORSHIP"; SECTION 11.75 RELATING TO NON-CONFORMING
USES; SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: The ordinance amends the Chapter 2 with respect to procedures of the Board of
Adjustments; and Chapter 11 (zoning)with respect to non-conforming uses and signs.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV. B. 2.
Office of the City Manager/ Resolution certifying the proposed 2006 property
Finance, Sue Kotchevar tax levy, accepting the proposed 2006 budget,
setting date(s) for Truth-in-Taxation hearing(s),
and consenting and approving the HRA tax levy
Requested Action
Move to adopt the resolution that:
• Certifies the proposed 2006 net property tax levy to be$28,128,845; and
• Sets the "Truth-in-Taxation" public hearing for Monday, December 5, 2005 and, if
necessary, to reconvene the public hearing on Tuesday, December 13,2004; and
• Accepts the proposed 2006 budget of$74,183,173; and
• Consents and approves the HRA tax levy of$200,000.
Background Information
Minnesota Law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments. Cities must adopt a proposed net
property tax levy by September 15 and certify it to the county auditor. In addition, the City
Council must accept a proposed budget for the coming year.
The City must also set a date for the"Truth-in-Taxation"hearing and a date to reconvene it(if
necessary). These dates may not conflict with the initial hearing dates set by Hennepin County,
school districts, or the metropolitan taxing districts. Because they get to set their dates before we
do, there are a very limited number of dates available. The dates of December 5 and December
13 are the most feasible for us to be within the schedule established by the Minnesota
Department of Revenue. The Council must adopt the final tax levy and budget by December 20.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION ADOPTING THE CITY'S PROPOSED 2006 PROPERTY TAX
LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 2006,AND CONSENT AND
APPROVE THE 2006 HRA LEVY
WHEREAS,the City Council of the City of Eden Prairie has reviewed the City Manager's
recommended 2006 budget and tax levies; and
WHEREAS,the City Council has decided to accept these recommendations at this time.
NOW THEREFORE BE IT RESOLVED,that the City Council:
1. Establishes the following proposed taxes on real and personal property within the City of Eden
Prairie for the 2006 budget.
Levy on Tax Capacity $27,493,845
Levy on Market Value 635,000
Total LEVY $28,128,845
The proposed total Levy may not be exceeded when the City Council sets the final tax levy for
2005.
2. Accepts the 2006 proposed levy of$28 128 845 and proposed budget totaling$74 l 83,173
at this time.
3. Consents and approves the 2006 HRA tax levy of$200,000.
ADOPTED by the City Council on September 6,2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the Community Development Director September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV. C. 2.
Community Development Amended Development Agreement for Eagle
Janet Jeremiah/ Ridge at Hennepin Village 6th Addition, and
Molly Koivumaki Affordable Housing Regulatory Agreement
between Ryland Group and City of Eden Prairie
Requested Action
Move to:
• Approve the Amendment to the Development Agreement for Eagle Ridge at Hennepin
Village 6th Addition; and
• Approve the Affordable Housing Regulatory Agreement between The Ryland Group Inc.,
and the City of Eden Prairie.
• Both actions are contingent upon the following:
1. Final approval of both the Amendment to the Development Agreement and the
Affordable Housing Regulatory Agreement by the CityAttone � and
2. The Ryland Group must acquire the Property which is the subject of the Development
Agreement by October 6, 2005, and
3. The Ryland Group provides documentation acceptable to the City Attorney of its
acquisition of this Property including a copy of the Warranty Deed and a recorded
document number.
4. The Regulatory Agreement must be recorded with the County Recorder's Office prior
to the recording of the Development Agreement.
If the above contingencies are not met, both actions are immediately null and void
without any further action of the City.
Background Information
In consideration for City Council approval of the Amended Development Agreement, Eagle
Ridge at Hennepin Village 6`h Addition, The Ryland Group, Inc.,has agreed to provide eight(8)
affordable units in Eagle Ridge 4th and 5th Additions at Hennepin Village. Section 16 of the
Development Agreement has been removed and incorporated in the Affordable Housing
Regulatory Agreement.
The Affordable Housing Regulatory Agreement specifies the length of time the units must
remain affordable(40 years minimum) and the income eligibility guidelines that potential
homebuyers must meet(as established by the United States Department of Housing and Urban
Development). It also requires that the purchase price be determined by using standards set by
the Minnesota Housing Finance Agency for affordable housing.
Further,the Affordable Housing Regulatory Agreement provides for release of the agreement if
after 3-6 months following issuance of each occupancy permit,the affordable unit has not been
sold to a qualified buyer. In such instance,the developer would be required to reimburse the
City for the cost differential between a typical market rate unit and the affordable sale price.
This is a new provision requested by the developer for Council consideration.
Attachments
• Amendment to the Development Agreement for Eagle Ridge at Hennepin Village 6th
Addition
• Affordable Housing Regulatory Agreement between The Ryland Group Inc., and the City of
Eden Prairie
• Map indicating location of the eight(8)Affordable Properties
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
EAGLE RIDGE AT HENNEPIN VILLAGE 6" ADDITION
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered
into as of September , 2005, by The Ryland Group, Inc., a Maryland corporation, the
successor developer to the Hennepin Village Limited Partnership,a Minnesota limited partnership,
hereinafter referred to as the "Successor Developer," and the City of Eden Prairie, a municipal
corporation, hereinafter referred to as "City";
WHEREAS, as of July 5, 2005 the Hennepin Village Limited Partnership and the City
entered into that certain Development Agreement Eagle Ridge at Hennepin Village 6t`Addition,
pertaining to the development of certain real property(the"Property")described on Exhibit A hereto
(hereinafter the"Development Agreement").
WHEREAS,the Successor Developer and the City have entered into that certain Affordable
Housing Regulatory Agreement dated September ,2005(the"Regulatory Agreement")which
imposes certain income,purchase and sale restrictions upon eight(8)of the lots which are a part of
the Eagle Ridge at Hennepin Village 4'h and 5 h Additions;
WHEREAS, the affordable housing requirements are outlined in Paragraph 16 of the
Development Agreement;
NOW THEREFORE THE PARTIES AGREE THAT:
1. Paragraph 16 entitled "Affordable Housing"is deleted in its entirety.
2. The Regulatory Agreement shall be recorded prior to this Amendment and attached as
Exhibit G to the Development Agreement.
3. Except as expressly provided in this First Amendment, all provisions of the
Development Agreement remain in full force and effect and are not modified by this First
Amendment, and the parties hereby ratify and confirm each and every provision thereof, and the
City and Developer hereby acknowledge that the Development Agreement is in full force and effect
and that there is no existing default on the part of either party under the terms of the Development
Agreement.
4. This First Amendment constitutes the entire agreement between the parties with
respect to the subject matter herein contained and all prior negotiations with respect to the subject
matter herein contained are merged into and incorporated in this First Amendment, and all prior
documents and correspondence between the parties with respect to the subject matter herein
contained(other than the Development Agreement)are superseded and of no further force or effect.
5. This First Amendment shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns under the Development Agreement.
SUCCESSOR DEVELOPER CITY OF EDEN PRAIRIE
The Ryland Group, Inc.
By By
Its Nancy Tyra-Lukens,Mayor
By By
Its Scott H.Neal,City Manager
STATE OF NHNNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2005, by
Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,2005,by
, the , of The Ryland Group Inc.., a Maryland
corporation, on behalf of the corporation.
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Outlot L of Eagle Ridge at HENNEPIN VILLAGE FOUR,according to the recorded plat thereof of
Hennepin County Minnesota.
THIS INSTRUMENT WAS DRAFTED BY:
Gregerson,Rosow,Johnson and Nilan,Ltd.
1600 Park Building
650 Third Avenue South
Minneapolis,Minnesota 55402
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2445998v4(8/31/2005 3:20 PM)
AFFORDABLE HOUSING REGULATORY AGREEMENT
THIS AFFORDABLE HOUSING REGULATORY AGREEMENT(the "Agreement")
is made and entered into as of this day of September, 2005 by and between The Ryland
Group, Inc., a Maryland corporation ("Ryland") and the City of Eden Prairie, a Minnesota
municipal corporation (the "City").
RECITALS:
WHEREAS, Ryland is currently the fee owner of that certain real property located
within the City and legally described on Exhibit A attached hereto and incorporated herein (the
"Restricted Lot"); and
WHEREAS,Ryland either has constructed or intends to construct on the Restricted Lot a
certain single-family residential townhouse unit (the "Affordable Housing Unit"). The
Affordable Housing Unit and the Restricted Lot are collectively referred to herein as the
"Affordable Property"); and
WHEREAS, Ryland has applied to the City for approval of an amended development
agreement (the "Amended Development Agreement") for the development and construction of
approximately forty (40) single-family homes on certain real property located within the City
and legally described on Exhibit B attached hereto and incorporated herein (the "Development
Property"); and
WHEREAS, as a condition to approval of such Amended Development Agreement, the
City requires that Ryland and the City enter into this Agreement to impose upon the Affordable
Property certain income and purchase and sale restrictions to ensure that the Affordable Property
remain "affordable" for a period of not less than forty (40)years; and
WHEREAS,Ryland is willing to enter into this Agreement in order to induce the City to
approve the Amended Development Agreement and the proposed final plat of the Development
Property.
NOW, THEREFORE, in consideration of the Recitals, which are hereby incorporated
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, it is hereby agreed as follows:
1. Restrictions on Purchase and Sale.
A. Ryland and the City agree that, from and after the date hereof and continuing
thereafter through December 31, 2045 (the "Restricted Term"), the Affordable
Property may only be purchased by and conveyed, sold, assigned, exchanged or
transferred at the City's discretion to either (i) a party designated by the City as
administrator hereunder or (ii) persons and/or families whose income at the time
of the purchase of an Affordable Property, does not exceed eighty percent(80%)
of the median income for the metropolitan area, as defined in Minnesota Statutes
§ 473.121, subd. 2, as established by the United States Department of Housing
and Urban Development (or any successor agency), and as determined by and
approved by the City as set forth below. Additionally, "affordable" means a
residence that's monthly payments do not exceed 30% of the monthly income of
the individuals or families referenced in the preceding sentence. The median
family income may be adjusted by the City for families of four(4) or more
persons.
B. Ryland and the City agree that, for the Restricted Term, the purchase price for the
Affordable Property shall remain affordable as determined by the City and/or its
successors or assigns, using the standard underwriting practices employed by the
Minnesota Housing Finance Agency and that Ryland shall charge no more than
what is determined to be affordable by the Minnesota Housing Finance Agency's
standards, using standard underwriting practice, for each Affordable Property,
adjustable yearly (the "Maximum Affordable Purchase Price"). For 2005, as an
example only and without limiting future determinations of "affordable," the
affordable purchase price is $193,700.00.
C. Ryland and the City agree that the obligation to sell, convey, assign, exchange and
transfer the Affordable Property in accordance with the restrictions contained
herein and amendments hereto, for the Restricted Term is independent of the
existence of the Amended Development Agreement and that the provisions of this
Agreement are intended to survive the termination or extinguishment of (i)the
Amended Development Agreement, or (ii) any security instruments placed of
record in connection with any subsequent financing by lenders to the purchasers
of the Affordable Property.
2. Sale/Cone ance of Affordable Pro e
A. Ryland and the City further agree that the fee owner of the Affordable Property
shall notify the City in writing of at least Forty-Five (45) days prior to any
proposed closing on a sale, conveyance, assignment, transfer, or exchange of the
Affordable Property. Such written notice to the City shall contain such
information regarding the potential purchaser's income and family size as is
necessary and required by the City to determine whether the potential purchaser
satisfies the requirements of Section 1(A)above and that the purchase price of the
Affordable Property offered by the City satisfies the requirements of Section I(B)
above.
B. Within twenty (20) days of the receipt of all information reasonably requested by
the City regarding the potential purchaser and the purchase price to be paid by
said purchaser, the City shall notify in writing the fee owner of the Affordable
Property, as to whether the potential purchaser is acceptable to the City and
whether the purchase price to be paid by said purchaser is acceptable to the City.
If the City determines that either the potential purchaser or the purchase price to
be paid by said purchaser is unacceptable, the City shall state the reasons for its
determination in its written notice to the fee owner of the Affordable Property.
-2-
3. Remedies, Enforceability. In the event of a violation or attempted violation of any of the
covenants, conditions or restrictions herein contained, the City and its successors and
assigns (but only the City and its successors and assigns) may institute and prosecute any
proceeding at law or in equity to abate, prevent or enjoin any such violation or to
specifically enforce the covenants, conditions and restrictions therein set forth, or to
recover monetary damages caused by such violation or attempted violation. Unless
terminated as provided herein, the provisions hereof are imposed upon and made
applicable to the Affordable Property and shall be enforceable against each purchaser,
grantee, or fee owner of the Affordable Property and the respective heirs, legal
representatives, successors and assigns of each. No delay in enforcing the provisions of
said covenants, conditions and restrictions as to any breach or violation shall impair,
damage or waive the right to enforce the same or to obtain relief against or recover for
the continuation or repetition of such breach or violation or any similar breach or
violation thereof at any later time or times.
4. Amendment, Termination. The provisions of this Agreement shall not be amended,
terminated or deleted during the term hereof, except by an instrument in writing duly
executed by the City and Ryland, their respective successors and assigns, and by any
subsequent mortgage lender for the Affordable Property.
5. Term. Unless sooner terminated, amended or deleted as provided herein, the covenants,
conditions and restrictions contained herein shall continue in full force and effect through
December 31, 2045 (the "Termination Date") and shall thereupon terminate and be of no
further force or effect, unless further extended as provided hereunder.
6. Financial Benefit. Ryland and the City agree that the covenants, conditions and
restrictions herein contained both confer a financial benefit upon future owners of the
Affordable Property and constitute a burden on the use and future conveyance of
Affordable Property. Ryland and the City agree that this Agreement will provide to the
residents of the State of Minnesota an assurance that the Affordable Property will afford
to them affordable housing for the duration of the term of this Agreement. Ryland
specifically acknowledges that, from Ryland's perspective, the burden upon the fee title
to the Affordable Property is reasonable, acceptable and certainly not unconscionable or,
to the best of Ryland's knowledge, against public policy in any way, given the other
benefits of the transaction to the City, Ryland, and the citizens on whose behalf the City
exercises the powers given to it by law.
7. Covenants Running with the Land. Ryland agrees that this Agreement and the covenants
and restrictions set forth herein regulating and restricting the conveyance, sale,
assignment, exchange or transfer of the Affordable Property shall be and are covenants
running with the Affordable Property, encumbering the Affordable Property from and
after the date hereof through the Termination Date, and therefore, shall be binding upon
Ryland's successors in title and all subsequent owners of the Affordable Property.
Ryland, on behalf of itself and its successors and assigns, hereby agrees that any and all
requirements of the laws of the State of Minnesota to be satisfied in order for the
provisions of this Agreement to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full and that any requirements of privileges of
- 3 -
estate are intended to be satisfied, or in the alternate, that an equitable servitude has been
created to insure that these restrictions run with the land. Upon cessation of a Party's
interest in any portion of the Affordable Property, that Party's rights and obligations
under this Agreement shall cease and be of no further force and effect.
8. Deed Covenants. For the Restricted Term, each and every contract, deed or other
instrument hereafter executed conveying the Affordable Property shall expressly provide
that such conveyance is subject to this Agreement; provided, however, the covenants
contained herein shall survive and be effective regardless of whether such contract, deed
or other instrument hereafter executed conveying the Affordable Property provides that
such conveyance is subject to this Agreement.
9. Acceptance of Affordable Housing Restrictions. In connection with any contract, deed or
other instrument hereafter executed conveying a Affordable Property and in recognition
of the consideration received in the form of a purchase price for the Affordable Property
in an amount less than the fair market value of the Affordable Property, the purchaser,
grantee, or assignee of the Affordable Property shall execute an instrument in favor of the
City, its successors or assigns, and in such recordable form as may be acceptable to the
City, acknowledging the acceptance of this Agreement and an intention and agreement to
be bound and subject to the terms and conditions of this Agreement.
10. Release of Ryland. Ryland shall be released from further liability hereunder as to the
Affordable Property upon (i) completion of construction of the Affordable Property and
issuance by the City of an occupancy permit therefor, and (ii) sale of the Affordable
Property to a purchaser satisfying the requirements set forth in Section 1 hereof.
11. Release of Regulatory Agreement. Notwithstanding anything contained herein to the
contrary, the City agrees that this Regulatory Agreement shall, upon written request by
Ryland and so long as Ryland is not then in default hereunder, terminate and be of no
further force and effect if no persons and/or families meeting the income requirements of
Section IA have been identified and have executed a binding Purchase Agreement for
acquisition of such Affordable Property within six (6) months for the first two (2)
Affordable Properties and within three (3) months for the last six (6) Affordable
Properties after issuance of an occupancy permit by the City for such Affordable Housing
Unit. Prior to, during and after (subject to the foregoing sentence) completion of such
Affordable Housing Units, Ryland and the City or its designee shall cooperate in good
faith to identify qualified purchasers for the Affordable Property. Upon any such
termination, the City agrees to cooperate in good faith with the filing and execution of a
release or other agreements reasonably requested by Ryland confirming the termination
of this Regulatory Agreement.
Notwithstanding the foregoing to the contrary, in the event of termination of this
Regulatory Agreement pursuant to the preceding paragraph, Ryland agrees that it shall,
upon sale of the Affordable Property, pay to the City a sum of money equal to the
difference between the Maximum Affordable Purchase Price determined pursuant to
Section I.A. and LB above and the actual sales price to the Purchaser of the Affordable
Property, net of the costs of upgrades or additions to such unit requested by the purchaser
-4-
of the Affordable Property which are above and beyond a standard market rate unit
according to the documentation submitted by Ryland and approved by the City.
12. Governing Law. This instrument shall be governed by the laws of the State of Minnesota.
13. Notices. Whenever any party hereto shall desire to, or be required to, give or serve any
notice, demand, request or other communication with respect to this Agreement, each
such notice, demand, request or communication shall be in writing and shall be effective
only if the same is delivered by personal service (including, without limitation, courier or
express service) or mailed certified or registered mail, postage prepaid, return receipt
requested, or sent by facsimile to the parties hereto at the addresses and facsimile
numbers set forth below or such other addresses or facsimile numbers which the Parties
may provide to one another in accordance herewith:
To Ryland: To the City:
The Ryland Group, Inc. City of Eden Prairie
7600 Executive Drive 8080 Mitchell Road
Eden Prairie, MN 55344 Eden Prairie, MN 55344
Attn: Community Development Director
Notices delivered personally will be effective upon delivery to an authorized representative
of the Party at the designated address. Notices sent by mail in accordance with this
Paragraph will be effective upon execution by the addressee of the Return Receipt
Requested, and notices sent by facsimile will be effective one hour after transmission
upon confirmation of receipt by the sender.
14. Severability. If any clause, provision, subparagraph, or paragraph (in any such case, a
"Provision") set forth in this Agreement is illegal, invalid, or unenforceable under present
or future applicable laws,then and in that event it is the intention of the parties hereto that
the remainder of this Agreement shall not be affected thereby. It is also the intention of
the parties hereto that, in lieu of such Provision that is illegal, invalid, or unenforceable,
there be added as a part of this Agreement a Provision as similar in terms to such illegal,
invalid, or unenforceable Provision as may be possible and be legal, valid, and
enforceable.
15. Cations. The caption of each paragraph of this Agreement is for convenience only and
shall not be considered in the interpretation or construction of any provision of this
Agreement.
16. Merger Not Intended. Common ownership of the Affordable Property shall not cause
this Agreement to be extinguished by operation of merger.
17. Counterparts. This Agreement may be signed in counterparts, each of which shall be
deemed an original and all of which, when taken together, shall constitute one and the
same instrument.
- 5 -
18. Designee. The City reserves the right to designate a non-profit entity to act as
administrator of the City's responsibilities hereunder.
IN WITNESS WHEREOF,Ryland and the City have each caused this Agreement to be
executed by their respective duly authorized officers or representatives, effective as of the date
and year first written above.
THE RYLAND GROUP, INC., a Maryland
corporation
By:
Its:
CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation
By:
Its:
And:
Its:
STATE OF MINNESOTA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2005, by , the of The Ryland Group, Inc.,
a Maryland corporation, for an on behalf of such corporation.
Notary Public
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2005, by and being the
and , respectively, of the City of Eden Prairie, a
Minnesota municipal corporation, for an on behalf of such municipal corporation.
Notary Public
2445998v4P:\Home\EP\DEVELOPE\Eagle Ridge 6th\Affordable Housing Regulatory Agreement-090205 Marked.DOC
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CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director September 6, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV. D. 1.
Robert A. Lambert, Director Bids for Purgatory Creek Recreation Area
Parks and Recreation Access Road
Requested Action
Move to: Reject all bids for the Purgatory Creek Recreation Area access road reconstruction.
Synopsis
City staff has been working with SRF Consulting for development of the Purgatory Creek
Recreation Area for the past several years. Earlier this year staff received an engineers estimate
for improvements to provide a full access road to the park at$174,000.After reviewing all of the
intersection and signal improvements the estimate was revised to$311,000.Based on that
information plans and specifications were prepared and bids received on August 25, 2005 for
that proposed project. Four bids were received at the bid opening and the lowest bid was
$357,176.28. The bids that were received are as follows:
Hardrives Inc. $357,176.28
Bituminous Roadways Inc. $367,309.41
Barber Construction Company $368,803.03
Midwest Asphalt Corporation $418,463.63
Besides re-routing the access drive to the intersection across from the South West Station access
road. The work also included signal improvements at that intersection, as well as Prairie Center
Drive and the construction of a left turn lane in the median of west bound Technology Drive.
Since the bids more than doubled from the engineers estimate for improvements of the road
within the park, at the current time the City does not have adequate funding to recommend
approval of this project. The Parks and Recreation budget would pay for a portion and the Public
Works budget could pick up approximately $60,000 of the project work; however,this would
still leave a shortage of$123,000 to have the work done this fall.
Background
The improvement of Purg
atory Creek Recreation Area Park has always included a full access at
p g rY Y
the intersection with South West Crossing which is a signalized intersection. Due to the poor
bearing capacity of the soils in this area surcharge material was stockpiled on the proposed
access road alignment during the first two phases of construction and left to settle in an effort to
compact the poor soils. The area has been compacted sufficiently to permit construction of the
r
Bids for Purgatory Creek Recreation Area Access Road
September 6, 2005
Page 2
access drive. The access road is highly desired since it will provide full access in and out of the
park, which is currently served by a right-in, right-out temporary roadway.
Recommendation
City staff is recommending rejection of all bids due to the amount of cost over the initial
engineers estimate. Several factors appear to be involved in this including a large amount of
signal work and road work to prepare Technology Drive for left hand turns into the park access.
In addition, during further conversations with the consultants they believe that the high bids are
due to the timing of this project, in other words, a fall project when most contractors are already
very busy with other projects. They believe that a winter bid would bring substantially lower
prices for the same amount of work.
City staff believe that bidding on this project in February might save an additional $50,000, and
staff want to discuss the possible interest of the owners of the Flagship Office Building in
contributing to this project. If they are willing to make a significant contribution, staff would
bring this project back early next year.
City staff also believe that this project,while highly important is not the highest priority for the
dollars that are currently set aside for park improvements. Staff will take time to evaluate all the
various projects and make a determination as to whether or not this project should be re-bid
based on park priorities and the fund balance in the cash park fees account.
Attachments
Engineers Estimate Draft
Original Cost Estimate
SRFCo KiiWGlop.kw.
Rwryen.,�saarix.rau�xcctrs,m.l.>,sEesezD,,,lrr ENGINEERS ESTIMATE DATE.vum�
DESIGNED BY:Aout
A
CHECIO:D BY:MCA PURGATORY CREEK RECREATION AREA ACCESS DRIVE
DRAFT S/2/2005
NOTES ITEM NO, ITEM DESCRIPTION UNIT UNIT COST TOTAL
QUANTITIES AMOUNT
2011SM CONSTRUCTION LAYOUT STAKING LUMP SUM j15,000.00 1.00 S 1S,DW.00
2021.501 MOBILIZATION LIANP SUM 571,773.98 1.00 $ 14,773.98
(1) 2104-601 REMOVE CURB AND GUTTER LIN FT 52W 5W00 $ 1.000.00
2104-501 REMOVE CONCRETE MEDIAN AND WALK
SO Fr $2.00 270.00 $ S40.W
(2) 2104.505 REMOVE BITUMINOUS PAVEMENT SQYO 5250 10.50.00 S 5825.W
2104509 REMOVE SIGN TYPE EACH $25.00 5W S 725W
2104,50 REMOVE LIGHT BASEFOOTING EACH $325.W 1.W $ 325.W
2100511 SAWING CONCRETE MEDIAN(FULL DEPTH) LIN FT S6.00 10.00 Is 60.W
2104.513 SAWING BITUMINOUS PAVEMENT(FULL DEPTH) LIN FT E250 1380.W 5 3,SSO.W
2104.523 SALVAGE LKGIi7 STANDARD AND WMINAIRE EACH S300.00 1.00 j 300AD
2104,523 SALVAGE CASTING EACH $750.00 1.W S 750.OD
2104.618 SALVAGE CONCRETE PAVERS SQ FT 57.00 BD.W S BO.W
2705.507 COMMON EXCAVATION (P) CU YD $12W 3000.00 $ W,OW,W
210S.S22 SELECT GRRANULAR BORROW(CV) CU YD E10.W 1025.00 2211.50 S 10,2TA.W
.7 AGGREGATE BASE(CV)CLASS S CU YD S21.00 1075.00 2232.5 S 22570.83
M MILL BfTUMMWSSIIRFACE(1.Sry 50 YD SI-50 900.W $ 1,350.W
2350.501 BITUMINOUS MDCTURE FOR PATH LVNW35OW13 TON E(O.W 80-00 $ 3.598.98
2350.507 BTRIMDIOU5 NEN11NG COURSE MIXTURE TYPE MVNE4SD308 TON 54QW $20.00 $ 128W.18
2350.SM BITUMINOUS NON WPARWG COURSE MDRU2E TYPE MVNNaW3oB TON $30.00 340.00 S 10,199JG9
2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $1.60, 223.04 j 334.55
2501.511 12"RCPIPESEWER DE530W Cl tll LW FT 52600 lw.W S 2S0000
2507.575 17 RC PIPE APRON EACH S400.00 1.00 S 40D.W
2502541 4'PERF.CORRUGATED PE DRAIN TUBE Vy7TYPE I GEOTEXTILE SOCK LIN FT S6.W 550.00 $ 3.300.00
2503.602 CONNECT TO EXISTING STORM SEWER EACH 53W.W SW S 1,800.W
(5) 25W5a7 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2(2]') EACH E1.2W.W 2W $ 2AD0.W
(6) 2SW.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 3(48"SUMP) EACH $1.200.00 21.00 $ 2.400.00
(a}(5) 2SW.5D2 CONST DRAINAGE STRUCTURE DESIGN SPECIAL I(4S) EACH S2,L700.W 4.W S 8,000.W
25W.576 CASTING ASSEMBLY EACH $430,00 2W S 3.010LW
26W.621 INSTALL CASTING EACH 5330.W SW j 2.800.00
2506.522 ADJUSTFRAME ANDRINGCASTING EACH 5325.W 1.00S 325.W
2677.501 RANDOM RIPRAPCWSS III CUYD moo 6.00(6) S 250.W S
2521.301 YCONCRETE VO4LK(MEDIAN ON TECHNOLOGY D E) SOFT 1 $3.00 1181.00 E 3,483.00
2521.501 6'CONCRETE WALK SQ FT S4.W S10.00 $ 3.840.00
2531.501 CONCRETE CURB B GUTTER DESIGN 8818 UN FT 511.W 2255,00 j 24,BW.00 I
2531.501 CONCRETE CURB B GUTTER DESIGN 6624 LIN FT St2W 31 D.W 5 3,720.W
A
2531,507 r CONCRETE DRA/EWAY PAVEMENT LJ YD $42W 70..0 $ 2.939.87
27.618 PEDESTRIAN CURB RAMP EACH $500.00 4.00 Is 2,DW.00
254D.618 INSTALL CONCRETE PAVERS SOFT SSW 80.00 j 620.00
2$45.BC2 INSTALL LIGHT STANDARD EACH S520.W 1.00 $ 52D.00
2550.602 RELOCATE 3IGN-TYPEC EACH $110.00 5.00 j SSO.W
2S63.601 TRAFFIC CONTROL LUMP SVM S16,00D.00 To $ 16.000.00
2564.571 CONCRETE FOOTING DESIGN SPECIAL i EACH j2S00.W 1-00 S 2500.00
2564S31 SIGN PANELS TYPE SQ FT $25.00 53.W $ 1.325W
2564.602 PAVEMENT MESSAGE(LTARROWj EPDXY EACH 5150.W 2W S 300.00
2564.602 PAVEMENTMESSAGE(RTa----EroxY EACH E15D.OD 1.W S i50.W
2569.603 4'SOLID LIFE WHI1E-PAINT LIN FT SOS- 77810 5 89.56
2564.618 ZEBRA CROSSWALK VNOTE-EPDXY SQ FT 36.00 1600.00 Is 9,D00.00
26SE601 REVISE EMERGENCY VEHICLE PREEMPT SYSTEM LUMP SUM $4.000.00lif
W31O,2
.W
2565.616 REVISE SIGNAL SYSTEMA SYSTEM T.010.W .m2566516 REVISE SIGNAL SYSTEM B ..6.00W2573.502 SILT PENCE TYPE WAVY DUTY LIN FT E2.050(8) 2573.530 INLET PROTECTION EACtI S7W.WWSDDDING TYPE LAWN SQ YD S4.W .00LANDSCAPINGLUMPSl1M $15,W0.00WLUMP GUM SS.00.WW
TOTALS
6
NOTES:
(1)REMOVE CONCRETE CURB AND GUTTER TO THE NEAREST CLEAN JOINT.
(2)EASTINGACCESS DRIVE PAVEMENT E.11= ll6E W THICK
(3)TO SE USED AT THE DIRECTION OF THE ENGINEER IN THE FIELD.
(4)STRUCTURE TO BE BUILT TO CITY STANDARD MINIMUM DEPTH,AND BOTTOM FILLED VATH GROUT TO INVERT.
(5)SEE CITY OF EDEN PRAIRIE STANDARD PLATES.
16J APPLY AT RATE OF 2 TONS PER ACRE
16)QUANTITYTO BE INSTALLED ON ACCESS DRIVE PED.RAMPS
(71 APPLY AT RATE OF 120 POUNDS PER ACRE.
(7)QUANTITY FOR MONOLITHIC CONCRETE MEDIAN.
(8)SEE CITY or EDEN PRAIRIE STANDARD PLATE
(PI PLAN QUANTITY
PA9E1OF1
1
r 1
PURGATORY CREEK PHASE III IMPROVEMENTS
PRELIMINARY COST ESTIMATE 11-19-04
ITEM NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITIES UNIT PRICE TOTAL AMOUNT
1 Bituminous Removals Sy 1,150 $ 3.00 $ 3,450.00
2 Curb and Gutter Removals LF 210 $ 4.00 $ 840.00
3 Earthwork LS 1 $ 10,000.00 $ 10,000-Q0
4 Utilities(stormwater) LS 1 $ 40,000.00 $ 40,000.00
5 Bituminous Paving TON 396 $ 45-00 $ 17,820.00
6. Curb and Gutter LF 2,300 $ 10.00 $ 23,000.00
7 Irrigation LS 1 $ 12,000.00 $ 12,000.00
8 Site Restoration LS 1 $ 5,000.00 $ 5,000.00
9 Signal Work @ Technology Drive Intersection LS 1 1$ 30.000.00 $ 30,000.00
SUB TOTAL $ 142,110.00
Consultant Design Fees
$ 25,000.00
5%Contingency $ 7,100A0
TOTAL COST
$ 174,210.00
1 Bituminous PavingTON 18 $ 45.00 $ 810.00
2 Raised Planter Curb LF .275 $ 20.00 $ 5,500.00
3 Concrete Pavers F 2 S 0 3 5 5.00 16 50.00$ $ ,2
4 Boardwalk Overlook Pier SF 850 $ 50.00 $ 42,500.00
5 Landscaping/Site Restoration LS 1 $ 5,000.00 $ 5,000.00
SUB TOTAL
$ 70,060.00
Consultant Design Fees $ 10,000.00
5%Contingency $ 3,500.00
TOTAL COST $ 83,560.00